UNIVERSITY 
or  ILLINOIS 

35e-.079Z 

V 

»8)99 


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-THE- 


REVISED  ORDINANCES 


-OF- 

EPHRAIM  CITY. 


INCORPORATED  FEB.  14,  1868. 


REVISED,  CODIFIED  AND  PUBLISHED  BY  AUTHORITY  OF 
THE  MAYOR  AND  COUNCIL  OF  SAID  CITY  BY 

F.  K-  NEBEKER, 

I.  C.  TMORESEN. 

OFFICIAL  REVISOR9. 


1899. 


TOGETHER  WITH  EXTRACTS  FROM  THE  CONSTITUTION  AND  LAWS 
OF  THE  STATE  OF  UTAH  RELATIVE  TO  CITIES  AND  TOWNS. 
ALSO  THE  NAMES  OF  CITY  OFFICERS  AND  STANDING 
COMMITTEES,  AND  RULES  FOR  THE  GOVERN- 
MENT OF  THE  CITY  COUNCIL. 


CERTIFICATE. 


State  of  Utah, 

County  of  Sanpete, 

City  of  Ephraim. 


I,  Adolph  Hansen,  City  Recorder  of  Ephraim  City, 
do  hereby  certify  that  F.  K.  Nebeker  and  I.  C.  Thoresen, 
were  duly  appointed  the  official  Revisors  of  the  City  Ordi- 
nances of  Ephraim  City  by  the  Mayor  and  confirmed  by 
the  City  Council  of  said  City,  on  the  20th  day  of  June 
A.  D.  1898. 

Witness  my  hand  and  the  Corporate  Seal  of  said  City, 
this  25th  day  of  June  A.  D.  1898. 


Adoeph  Hansen, 

City  Recorder. 


1 


3 5 


7 ‘7 


I 1 


"j  " NAMES  OF  ELECTED  OFFICERS. 

K.\  For  Ephraim  City,  1898-9. 

^ 

? ' Mayor. — J.  P.  Hansen,  Jr. 

Councilmen. — Peter  Schwalbe,  Christian  Frandsen,  W. 
X.  J.  Armstrong-,  C.  R.  Dorius,  A.  W.  Jensen. 

^ • Recorder. — Adolph  Hansen. 

Treasurer. — Laura  Hansen. 

Justice. — J.  P.  Anderson. 

Marshal.— David  N.  Beal. 


APPOINTED  OFFICERS. 


Attorney. — W.  K.  Reid. 

Supervisor  of  Streets.- — Thos.  P.  Peterson. 
Poundkeeper. — Ras.  Hansen. 

Sexton. — John  C.  Johnson. 

Watermaster. — R.  Rasmussen. 


STANDING  COMMITTEES. 


vn 

On  Ways  and  Means:  Wm.  J.  Armstrong,  A.  W.  Jensen. 
On  Judiciary : A.  W.  Jensen,  Peter  Schwalbe. 

On  Irrigation : C.  R.  Dorius,  Wm.  J.  Armstrong. 

^ On  Public  Proferty  and  Grounds:  Peter  Schwalbe,  Chris- 
^ tian  Frandsen. 

^^On  Streets:  Christian  Frandsen,  C.  R.  Dorius. 

On  Cemetery:  Peter  Schwalbe,  Christian  Frandsen. 

Boa^d  of  Health:  Wm.  J.  Armstrong,  A.  W.  Jensen. 


I 1 7930 1 


BOUNDARIES  OF  EPHRAIM  CITY. 


As  Amended  Mar.  1,  1884. 


« 


Commencing*  at  the  center  of  section  ten  in  township 
seventeen  south,  rang^e  three  east,  Salt  Lake  meridian, 
thence  one  and  a half  miles  west,  thence  one  and  a half 
miles  north,  thence  one  and  a half  miles  east,  thence  one 
and  a half  miles  south  to  the  place  of  beg*inning*. 


Constitutional  Provisions. 

RELATIVE  TO  CITIES  AND  TOWNS. 

ARTICLE  IV. 

Sec.  10.  Oath  of  oIRce.  All  officers  made  elective  or 
appointive  by  this  Constitution  or  by  the  laws  made  in  pur- 
suance thereof,  before  entering-  upon  the  duties  of  their  re- 
spective offices,  shall  take  and  subscribe  the  following  oath 
or  affirmation: 

“I  do  solemnly  swear  (or  affirm)  that  I will  support,  obey 
and  defend  the  Constitution  of  the  United  States  and  the 
Constitution  of  this  State,  and  that  I will  discharge  the 
duties  of  my  office  with  fidelity.” 

ARTICLE  VI. 

Sec.  29.  Municipal  powers  not  to  be  delegated. 

The  Legislature  shall  not  delegate  to  any  special  commis- 
sion, private  corporation  or  association,  any  power  to  make, 
supervise  or  interfere  with  any  municipal  improvement, 
money,  property  or  effects,  whether  held  in  trust  or  other- 
wise, to  levy  taxes,  to  select  a capitol  site,  or  to  perform 
any  municipal  functions. 

Sec.  30.  Extra  compensation  to  officers  and 
contractors  forbidden.  The  Legislature  shall  have  no 
power  to  grant,  or  authorize  any  county  or  municipal  au- 
thorit}'  to  grant,  any  extra  compensation,  fee  or  allowance 
to  any  public  officer,  agent,  servant  or  contractor,  after 
service  has  been  rendered  or  a contract  has  been  entered 


Constitutional  Provisions. 


2 

into  and  performed  in  whole  or  in  part,  nor  pay  or  author- 
ize the  payment  of  any  claim  hereafter  created  ag-ainst  the 
State,  or  any  county  or  municipality  of  the  State,  under 
any  ag-reement  or  contract  made  without  authority  of  law: 
Provided,  That  this  section  shall  not  apply  to  claims  in- 
curred by  public  officers  in  the  execution  of  the  laws  of  the 
State. 

Sec.  31.  Lending  public  credit  forbidden.  The 

Leg*islature  shall  not  authorize  the  State,  or  any  county, 
city,  town,  township,  district  or  other  political  subdivision 
of  the  State  to  lend  its  credit  or  subscribe  to  stock  or  bonds 
in  aid  of  any  railroad,  telegraph  or  other  private  individual 
or  corporate  enterprise  or  undertaking. 

ARTICLE  X. 

Sec.  13.  Public  aid  to  church  schools  forbid- 
den. Neither  the  Legislature  nor  any  county,  city,  town, 
school  district  or  other  public  corporation,  shall  make  any 
appropriation  to  aid  in  the  support  of  any  school,  seminary, 
academy,  college,  university  or  other  institution,  controlled 
in  whole,  or  in  part,  by  any  church,  sect  or  denomination 
whatever. 

ARTICLE  XI. 

Sec.  6.  Municipalities  forbidden  to  sell  water 
works  or  rights.  No  municipal  corporation  shall  di- 
rectly or  indirectly,  lease, ’sell,  alien  or  dispose  of  any  water 
works,  water-rights  or  sources  of  water  supply  now,  or 
hereafter  owned  or  controlled  by  it;  but  all  such  water- 
works, water-rights  and  sources  of  water  supply  now  owned 
or  hereafter  to  be  acquired  by  any  municipal  corporation, 
shall  be  preserved,  maintained  and  operated  by  it  for  supply- 
ing its  inhabitants  with  water  at  reasonable  charges:  Pro- 
vided,Va-dX  nothing  herein  contained  shall  be  construed  to  pre- 
vent any  such  municipal  corporation  from  exchanging  water- 
rights,  or  sources  of  water  supply,  for  other  water-rights 
or  sources  of  water  supply  of  equal  value,  and  to  be  devoted 
in  like  manner  to  the  public  supply  of  its  inhabitants. 


Relative  to  Cities  and  Towns. 


3 


ARTICLE  XII. 

Sec.  17.  Employee  of  corporation  ineligible  to 
municipal  office,  when.  No  officer,  employee,  attor- 
ney or  ag’ent  of  any  corporation,  company  or  association 
doing-  business  under,  or  by  virtue  of  any  municipal  char- 
ter or  franchise,  shall  be  elig-ible  to  or  permitted  to  hold 
any  municipal  office,  in  the  municipality  g-ranting-  such 
charter  or  franchise. 

ARTICLE  XIV. 

Sec.  3.  Debts  of  comities,  cities,  etc.,  not  to  ex- 
ceed revenue.  Exception.  No  debt  in  excess  of  the 
taxes  for  the  current  year  shall  be  created  by  any  county  or 
sub-division  thereof,  or  by  any  school  district  therein,  or 
by  any  city,  town  or  villag-e,  or  any  sub-division  thereof 
in  this  State;  unless  the  proposition  to  create  such  debt, 
shall  have  been  submitted  to  a vote  of  such  qualified  elec- 
tors as  shall  have  paid  a property  tax  therein,  in  the  year 
preceding-  such  election,  and  a majority  of  those  voting- 
thereon  shall  have  voted  in  favor  of  incurring-  such  debt. 

t 

Sec.  4.  Limit  of  indebtedness,  counties,  cities, 
etc.  When  authorized  to  create  indebtedness  as  provided 
in  Section  three  of  this  article,  no  county  shall  become  in- 
debted to  an  amount,  including-  existing-  indebtedness,  ex- 
ceeding- two  per  centum.  No  city,  town,  school  district  or 
other  municipal  corporation,  shall  become  indebted  to  an 
amount,  including-  existing-  indebtedness,  exceeding-  four 
per  centum  of  the  value  of  the  taxable  property  therein,  the 
value  to  be  ascertained  by  the  last  assessment  for  State  and 
county  purposes,  previous  to  the  incurring-  of  such  indebt- 
edness; except  that  in  incorporated  cities  the  assessment 
shall  be  taken  from  the  last  assessment  for  city  purposes; 
Provided^  that  no  part  of  the  indebtedness  allowed  in  this 
section,  shall  be  incurred  for  other  than  strictly  county, 
city,  town  or  school  district  purposes;  Provided^  further, 
That  any  city  or  town,  when  authorized  as  provided  in  sec- 
tion three  of  this  article,  may  be  allowed  to  become  in- 


4 


Constitutional  Provisions. 


debted  to  a larg-er  indebtedness,  not  exceeding  four  per- 
centum  additional,  for  supplying-  such  city  or  town  with 
water,  artificial  lights  or  sewers,  when  the  works  for  sup- 
plying such  water,  light  and  sewers,  shall  be  owned  and 
controlled  by  the  municipality. 

Sec.  5.  Borrowed  money  to  be  applied  to  au- 
thorized use.  All  moneys  borrowed  by,  or  on  behalf  of 
the  State,  or  any  legal  sub-division  thereof,  shall  be  used 
solely  for  the  purpose  specified  in  the  law  authorizing  the 
loan. 

Sec.  7.  Existing  indebtedness  not  impaired. 

Nothing  in  this  article  shall  be  so  construed  as  to  impair 
or  add  to  the  obligation  of  any  debt  heretofore  contracted 
in  accordance  with  the  laws  of  Utah  Territory,  by  any 
county,  city,  town,  or  school  district,  or  to  prevent  the  con- 
tracting of  any  debt,  or  the  issuing  of  bonds  therefor,  in 
accordance  with  said  laws,  upon  any  proposition  for  that 
purpose,  which,  according  to  said  laws,  may  have  been  sub- 
mitted to  a vote  of  the  qualified  electors  of  any  county,  city, 
town,  or  school  district  before  the  day  on  which  this  Con- 
stitution takes  effect. 

ARTICLE  XVI. 

Sec.  6.  Eight  hours  a day’s  labor  on  public 
works.  Eight  hours  shall  constitute  a day’s  work  on  all 
works  or  undertakings  carried  on  by  the  state,  county  or 
municipal  governments.  * * * * 

ARTICLE  XVII. 

Sec.  1.  Existing  rights  confirmed.  All  existing 
rights  to  the  use  of  any  of  the  waters  in  this  State  for  any 
useful  or  beneficial  purpose,  are  hereby  recognized  and 
confirmed. 

ARTICLE  XXL 

Sec.  1.  Public  officers  to  be  paid  salaries.  Ex- 
ception. All  State,  district,  city,  county,  town  and 


Relative  to  Cities  and  Towns. 


5 


school  ofificers,  excepting-  notaries  public,  boards  of  arbi- 
tration, court  commissioners,  justices  of  the  peace  and  con- 
stables, shall  be  paid  fixed  and  definite  salaries;  Pjovided^ 
That  city  justices  may  be  paid  by  salary  when  so  deter- 
mined by  the  mayor  and  council  of  such  cities. 

Sec.  2.  Leg^islature  to  provide  fees.  Accouiit- 

iiig.  The  Leg-islature  shall  provide  by  law,  the  fees  which 
shall  be  collected  by  all  officers  within  the  State.  Notaries 
public,  boards  of  arbitration,  court  commissioners,  justices 
of  the  peace,  and  constables  paid  by  fees,  shall  accept  said 
fees  as  their  full  compensation.  But  all  other  State,  dis- 
trict, count}s  city,  town  and  school  officers,  shall  be  required 
by  law  to  keep  a true  and  correct  account  of  all  fees  collec- 
ted by  them,  and  to  pay  the  same  into  the  proper  treasury, 
and  the  officer  whose  duty  it  is  to  collect  such  fees  shall  be 
held  responsible  under  his  bond  for  the  same. 


Statutory  Provisions. 


RELATIVE  TO  CITIES  AND  TOWNS. 


CERTIFICATION  OF  BONDS  AND  WARRANTS. 

Sec.  146.  By  whom.  The  county  clerk  or  the  county 
auditor  of  each  county,  the  auditor  or  the  recorder  of  each 
city,  the  clerk  of  each  board  of  education,  and  the  clerk  of 
each  school  district  in  this  state  shall  indorse  a certificate 
upon  every  bond,  warrant,  or  other  evidence  of  debt,  issued 
pursuant  to  law,  by  any  such  officer,  that  the  same  is  with- 
in the  lawful  debt  limit  of  such  county,  city,  board  of  edu- 
cation, or  school  district,  respectively,  and  is  issued  accord- 
ing- to  law.  He  shall  sign  such  certificate  in  his  official 
character. 

147.  Provisions  governing.  Warrants  for  interest 
on  the  bonded  debt,  for  salaries,  and  for  the  current  ex- 
penses of  any  county,  city,  school  district,  or  board  of  edu- 
cation in  this  state  may  be  certified  by  the  county  clerk, 
county  auditor,  city  recorder,  city  auditor,  clerk  of  the 
school  district,  or  clerk  of  the  board  of  education,  to  be 
within  the  lawful  debt  limit  of  such  county,  city,  board  of 
education,  or  school  district,  whenever  the  same,  together 
with  all  other  indebtedness  of  said  city,  county,  board  of 
education,  or  school  district  shall  not  exceed  the  arflount  of 
the  indebtedness  of  such  city,  county,  boarci  of  education, 
or  school  district  at  the  time  of  the  admission  of  this  state 
into  the  Union,  in  addition  to  the  whole  amount  of  taxes  of 


Relative  to  Cities  and  Towns.  7 

such  county,  city,  board  of  education,  or  school  district  for 
the  year  in  and  for  which  such  warrant  or  warrants  are 
issued. 

148.  Protection  to  officer  certifying.  Whenever 
a board  of  county  commissioners,  city  council,  trustees  of  a 
school  district,  or  board  of  education  of  any  such  county, 
city,  or  school  district  shall  find  or  declare  that  any  appro- 
priation or  expenditure  for  which  a warrant  or  warrants  are 
to  be  issued,  was  or  is  for  interest  upon  the  bonded  debt, 
for  salaries,  or  for  the  current  expenses  of  such  county,  city, 
board  of  education,  or  school  district,  such  finding'  or  dec- 
laration shall  conclusively  protect  the  county  clerk,  county 
auditor,  city  recorder,  city  auditor,  clerk  of  the  school  dis- 
trict, or  clerk  of  the  board  of  education  of  any  such  county, 
city,  school  district,  or  board  of  education,  as  to  such  tacts, 
in  certifying-  any  warrant  or  warrants  therefor  to  be  within 
the  lawful  debt  limit  of  such  county,  city,  board  of  educa- 
tion, or  school  district. 

149.  Penalty.  Any  person  mentioned  in  section  one 
hundred  and  forty-six  who  shall  neg-lect  to  indorse  any  cer- 
tificate required  thereby,  or  who  shall  make  any  such  cer- 
tificate falsely  and  fraudulently,  shall  be  guilty  of  a misde- 
meanor, and  punishable  by  a fine,  not  exceeding  one  thous- 
and dollars,  or  imprisonment  in  the  county  jail,  not  exceed- 
ing one  year,  or  by  both  such  fine  and  imprisonment. 

INCORPORATION  AND  CLASSIFICATION. 

174.  Classification  of  cities.  Municipal  corpora- 
tions in  this  state  now  existing  and  those  hereafter  or- 
ganized shall  be,  and  the  same  are  hereby  divided  into  three 
classes.  Those  cities  having  twenty  thousand  or  more  in- 
habitants shall  be  known  as  cities  of  the  first  class;  those 
cities  having  more  than  five  thousand  and  less  than  twenty 
thousand  inhabitants  shall  be  known  as  cities  of  the  second 
class;  and  all  other  cities  shall  be  known  as  cities  of  the 
third  class. 


8 


Statutory  Provisions. 


175.  Change  of  class.  Whenever  any  city  of  the 
second  class  shall  have  attained  the  population  of 
twenty  thousand  or  more,  or  any  city  of  the  third  class,  or 
town,  shall  have  obtained  the  population  of  five  thousand 
or  more,  and  such  fact  shall  have  been  duly  ascertained  and 
certified  to  the  governor  by  the  mayor  or  the  president  of 
the  board  of  trustees,  he  shall  declare,  by  public  proclama- 
tion, such  city  or  town  to  be  of  the  first  or  of  the  second 
class,  as  the  case  may  be,  and  such  city  or  town,  thus 
changed,  shall  be  governed  by  the  provisions  of  this  title 
applicable  to  cities  of  such  class. 

176.  Judicial  notice  of  change.  All  courts  in 
this  state  shall  take  judicial  notice  of  the  change  of  the 
organization  of  any  city  or  town. 

177.  Legal  results  of  change  in  classiflcatioii. 

All  rights  and  property  of  every  kind  and  description 
which  were  vested  in  any  municipal  corporation  under 
its  former  organization  shall  be  deemed  and  held  to  be 
vested  in  the  same  municipal  corporation  upon  its  becom- 
ing incorporated  under  the  provisions  of  this  title;  but  no 
rights  or  liabilities,  either  in  favor  of  or  against  such 
incorporation  existing  at  the  time  of  becoming  so  in- 
corporated under  this  title,  and  no  action  or  prosecution  of 
any  kind  shall  be  affected  by  such  change;  but  the  same 
shall  stand  and  progress  as  if  no  change  had  been  made; 
provided,  that  whenever  a different  remedy  is  given  by  this 
title,  which  may  properly  be  made  applicable  to  any  right 
existing  at  the  time  of  such  city  or  town  becoming  so  in- 
corporated under  this  title,  the  same  shall  be  deemed  cu- 
mulative to  the  remedy  before  provided,  and  used  accord- 
ingly. 

178.  Id.  Ordinances  [Coiitiiined  in  force.]  All  or- 
dinances and  resolutions  in  force  in  any  city  or  town  when 
it  shall  change  its  organization  under  this  title,  shall  con- 
tinue in  full  force  and  effect  until  repealed  or  amended,  not- 
withstanding such  change  of  organization;  and  the  making 
of  such  change  of  organization  shall  not  be  construed  to 


Relative  to  Cities  and  Towns. 


9 


'affect  the  chang-e  in  the  legal  identity  of  the  corporation  of 
‘such  citv  or  io^n\  provided^  that  such  ordinances  and  reso- 
lutions do  not  conflict  with  the  provisions  of  this  title. 

179.  Id.  Officers,  When  any  town  or  city  shall, 
bv  proclamation  of  the  governor,  become  a city  of  the  sec- 
ond class,  or  any  city  of  the  second  class  shall  in  like  man- 
ner become  a city  of  the  first  class,  the  officers  then  in  office 
shall  continue  to  be  the  officers  of  the  city  until  the  next 
municipal  election,  and  until  their  successors  shall  be  duly 
elected  and  qualified.  When  new  territory  is  organized  as 
a city  or  town,  or  a town  becomes  a city,  by  petition  and 
vote  of  the  people,  the  officers  first  elected  shall  serve  until 
the  next  municipal  election,  and  until  their  successors  shall 
be  duly  elected  and  qualified. 

180.  General  powers  of  corporation.  Cities 
and  towns  incorporated  under  this  title  shall  be  bodies  poli* 
tic  and  corporate  and  shall  be  known  and  designated  by 
the  name  and  style  adopted,  and  under  such  name  may  sue 
and  be  sued,  contract  and  be  contracted  with,  acquire  and 
hold  real  and  personal  property  for  corporate  purposes,  have 
a common  seal,  and  may  change  the  same  at  pleasure,  have 
perpetual  succession,  and  exercise  all  the  powers  hereinaf- 
ter conferred. 

182.  Goveriinieiit,  The  municipal  government  of 
all  incorporated  cities  is  hereby  vested  in  a mayor  and  a 
city  council.  In  cities  of  the  first  class,  the  city  council 
shall  be  composed  of  fifteen  councilmen,  three  from  each 
ward;  in  cities  of  the  second  class,  of  ten  councilmen,  two 
from  each  ward;  and  in  cities  of  the  third  class,  of  five 
councilmen,  chosen  at  large  by  the  qualified  voters  of  the 
city. 

183.  Mayor  and  councilmen.  Qualifications. 

Mayors  and  councilmen  shall  be  qualified  voters  within 
their  respective  cities,  and  councilmen  of  cities  of  the  first 
and  of  the  second  class  shall  be  qualified  voters  of  their  re^- 
spective  wards. 


01 


Statutory  Provisions. 


184.  Id.  How  chosen.  Mayors  shall  be  chosen  by 
the  qualified  voters  of  their  respective  cities,  and  council- 
men  of  cities  of  the  first  and  of  the  second  class,  by  the 
qualified  voters  of  their  respective  wards. 

MAYOR. 

185.  Mayor  and  mayor  pro  teni.  The  chief  exe- 
cutive of  a city  shall  be  the  mayor  and  during-  his  tem- 
porary absence  or  disability  the  city  council  shall  elect  one 
of  its  number  to  act  as  mayor  pro  tern.,  who,  during  such  ab- 
sence or  disability,  shall  possess  the  power  of  mayor. 

186.  Vacancy.  Whenever  a vacancy  shall  hap- 

pen in  the  office  of  mayor,  the  city  council  shall  elect  a 
mayor,  who  shall  possess  all  the  rights  and  powers  of  may- 
or until  the  next  municipal  election,  and  until  his  successor 
is  elected  and  qualified. 

187.  Removal.  If  a mayor,  at  any  time  during 

his  term  of  ofQce,  shall  remove  from  the  limits  of  the  city, 
his  office  shall  thereby  become  vacant. 

188.  Mayor  to  preside  over  council,  when. 

In  cities  of  the  third  class,  the  mayor  shall  preside  at  all 
meetings  of  the  city  council,  but  shall  not  vote  except  in 
case  of  a tie,  when  he  shall  give  the  casting  vote. 

189.  Powers,  generally.  He  may  exercise  with- 
in the  city  limits  the  powers  conferred  upon  him  to  sup- 
press disorder  and  keep  peace;  and  he  may  remit  fines  and 
forfeitures  and  release  any  person  imprisoned  for  violation 
of  any  city  ordinance,  and  shall  report  such  remittance  or 
release,  with  the  cause  thereof,  to  the  city  council  at  its 
next  session. 

190.  Duties.  He  shall  perform  all  duties  which 
are  or  may  be  prescribed  by  law,  or  b\  ordinance,  and  shall 
see  that  the  laws  and  ordinances  are  faithfully  executed. 

191.  May  examine  books.  He  shall  have  power 
at  all  times  to  examine  and  inspect  the  books,  records,  and 
papers  of  any  officer  or  agent  employed  by  the  city. 


Relative  to  Cities  and  Towns. 


11 


192.  3Iessa^es.  The  mayor  shall  from  time  to 
time,  g'ive  the  council  information  relative  to  the  affairs  of 
the  city,  and  shall  recommend  for  their  consideration  such 
measures  as  he  may  deem  expedient. 

193. *  May  call  out  inhabitants.  He  shall  have 
power,  when  necessary,  to  call  upon  every  male  inhabitant 
of  the  city  over  the  age  of  twenty-one  years  to  aid  in  en- 
forcing the  laws  and  ordinances,  in  suppressing  riots  and 
other  disorderly  conduct,  or  in  carrying  into  effect  any  law 
or  ordinance  of  the  city. 

194.  Revision  of  ordinances.  He  may  ap- 

point, by  and  with  the  advice  of  the  city  council,  one  or 
more  competent  persons  to  prepare  and  submit  to  the  city 
council  for  their  adoption  or  rejection,  an  ordinance  in  re- 
vision of  the  ordinances  of  such  city,  and  for  the  govern- 
ment of  such  city,  the  compensation  of  such  revisors  to  be 
determined  and  fixed  by  the  city  council  and  paid  out  of  the 
city  treasury, 

196.  Map  of  city  to  be  recorded.  It  shall  be  the 
duty  of  the  mayor  of  each  city  in  the  state  to  have  recorded 
in  the  recorder’s  office  in  the  county  in  which  such  city  is 
located,  a plat  or  map  describing  the  correct  boundaries  of 
such  city,  if  the  said  records  do  not  contain  a record  of  such 
boundaries. 

COUNCILMEN. 

197.  Vacancies.  If  any  vacancy  shall  occur  in  the 
office  of  councilman  by  death,  resignation,  removal,  or 
otherwise,  such  vacancy  shall  be  filled  for  the  unexpired 
term  by  appointment  of  the  cit}^  council,  from  the  ward  in 
which  the  vacancy  occurs. 

198.  Rules.  Disortlerly  conduct.  Expulsion. 

The  council  shall  determine  its  own  rules  of  proceedings, 
punish  its  members  for  disorderly  conduct,  and,  with  the 
concurrence  of  two-thirds  of  the  members  of  the  council, 
may  expel  a member  for  cause. 


12 


Statutory  Provisions. 


200.  Quorum.  The  majority  of  the  council  elected 
shall  constitute  a quorum  to  do  business,  but  a smaller  num- 
ber may  adjourn  from  time  to  time  and  may  compel  the  at- 
tendance of  absentees  under  such  penalties  as  may  be  pre- 
scribed by  ordinance. 

201.  Meetings.  The  city  council  shall  prescribe  the 
time  and  place  of  holding-  its  meetings;  provided^  that  at 
least  one  meeting  shall  be  held  each  month,  and  the  mayor 
or  any  two  members  of  the  council  may  call  a special  meet- 
ing by  giving  a notice  of  it  to  each  of  the  members  of  the 
council  served  personally  or  left  at  his  usual  place  of 
abode. 

202.  Id.  V^otiug.  Passage  of  ordinances.  It 

shall  sit  with  open  doors  and  keep  a journal  of  its  own  pro- 
ceedings. The  yeas  and  nays  shall  be  taken  upon  the  pas- 
sage of  all  ordinances  and  all  propositions  to  create  any  li- 
ability against  the  city,  and  in  all  other  cases  at  the  request 
of  any  member,  which  shall  be  entered  upon  the  journal  of 
its  proceedings.  The  concurrence  of  a majority  of  the  mem- 
bers elected  to  the  city  council  shall  be  necessary  to  the 
passage  of  any  such  ordinance  or  proposition. 

203.  Reconsideration  of  vote.  No  vote  of  the 
city  council  shall  be  reconsidered  or  rescinded  at  a special 
meeting,  unless  at  such  special  meeting  there  be  present  as 
large  a number  of  councilmen  as  were  present  when  such 
vote  was  taken. 

204.  Deferring  action  on  reports.  Any  report 
of  a committee  of  the  council  shall  be  deferred  for  final  ac- 
tion thereon  to  the  next  regular  meeting  of  the  council 
after  the  report  is  made,  by  request  of  any  two  members  of 
the  council. 

205.  When  ordinances  take  effect.  Publication- 

All  ordinances,  before  taking  effect,  shall  be  deposited  in 
the  office  of  the  city  recorder,  and  published  at  least  once 
in  some  newspaper  published  within  the  city,  or  if  there 
is  no  newspaper  published  in  the  city,  then  by  posting 


Relative  to  Cities  and  Towns. 


13 


in  three  public  places  therein,  and  shall  go  into  effect 
on  the  twentieth  day  after  its  publication,  unless  provided 
in  the  ordinance  that  it  shall  take  effect  at  an  earlier  or  a 
later  provided^  that  whenever  a revision  is  made  and 

the  revised  ordinances  are  published  by  authority  of  the 
city  council,  no  further  publication  shall  be  deemed  neces- 
sary. The  city  recorder  shall  record  all  ordinances  in  a 
book  kept  for  that  purpose,  together  with  the  affidavits  of 
publication  by  the  publisher,  or  his  agent,  or,  if  posted, 
with  certificates  of  the  due  posting  thereof;  and  said  book, 
or  a certified  copy  of  the  ordinances,  under  the  seal  of  the 
city,  shall  be  received  as  evidence  in  all  courts  and  places 
without  further  proof,  or  if  printed  in  book  or  pamphlet 
form  by  authority  of  the  city  council,  they  shall  be  so  re- 
ceived. 

POWERS  OF  CITY  COUNCIL. 

206.  Enumeration.  The  city  council  shall  have  the 
following  powers: 

" 1.  Finance  and  property.  To  control  the  finances  and 
property  of  the  corporation. 

2.  Appropriations.  Property.  To  appropriate  money 
for  corporate  purposes  only,  and  provide  for  payment  of 
debts  and  expenses  of  the  corporation;  and  to  purchase,  re- 
ceive, hold,  sell,  lease,  convey,  and  dispose  of  property,  real 
and  personal,  for  the  beaefit  of  the  city,  both  within  and 
without  its  corporate  boundaries;  to  improve  and  protect 
such  property,  and  to  do  all  other  things  in  relation  thereto 
as  natural  persons. 

3.  Taxes.  To  levy  and  collect  taxes  for  general  and 
special  purposes  on  real  and  personal  property  as  provided 
by  law. 

4.  Licenses.  To  fix  the  amount,  terms,  and  manner  of 
issuing  licenses. 

5.  Piibiic  buirdings.  To' erect  all  needful  buildings 
for  the  use  of  the  city. 


14 


Statutory  Provisions. 


6.  Borrow  money.  To  borrow  money  on  the  credit  of 
the  corporation  for  corporate  purposes,  in  the  manner  and 
to  the  extent  allowed  by  the  constitution  and  the  laws,  and 
to  issue  warrants  and  bonds  therefor,  in  such  amounts 
and  forms  and  on  such  conditions  as  the  council  shall  de- 
termine. The  council  shall  provide  for  the  payment  of  the 
interest  on  such  bonds  as  the  same  shall  become  due,  and 
for  a sinking-  fund  for  the  payment  of  the  principal  thereof 
within  twenty  years  after  issuing-  the  same. 

(Limitation  on  creating-  indebtedness,  Con.,  Art.  14,  Sec.  3-4. 

7.  Bouds.  To  issue  bonds  in  place  of  or  to  supply  means 
to  meet  maturing  bonds  or  for  the  consolidation  or  funding 
of  the  same. 

8.  Streets,  etc.  To  lay  out,  establish,  open,  alter,  widen, 
extend,  grade,  pave,  or  otherwise  improve  streets,  alleys, 
avenues,  sidewalks,  parks,  and  public  grounds;  and  to  va- 
cate the  same. 

9.  Trees.  To  plant  or  direct  and  regulate  the  planting 
of  ornamental  and  shade  trees  in  streets,  avenues,  side- 
walks, parks,  and  public  grounds. 

10.  Use  of  streets.  To  regulate  the  use  of  streets, 
alleys,  avenues,  sidewalks,  cross  walks,  parks,  and  public 
grounds. 

11.  Id.  Obstructions.  To  prevent  and  remove  ob- 
structions and  encroachments  upon  the  same. 

12.  Id.  Lighting,  etc.  To  provide  for  the  lighting, 
sprinkling,  and  cleansing  of  the  same. 

13.  Id.  Gas  pipes,  etc.  To  regulate  the  opening  and 
use  thereof  for  the  laying  of  gas  or  water  mains  and  pipes, 
and  the  building  and  repairing  of  sewers,  tunnels,  and 
drains. 

14.  Water,  gas,  light,  etc.  To  construct  and  main- 
tain water  works,  gas  works,  electric  light  works,  telephone 
lines,  street  railways,  or  bath  houses,  or  to  authorize  the 
construction  and  maintenance  of  the  same  by  others,  or  to 


Relative  to  Cities  and  Towns. 


15 


purchase  or  lease  any  or  all  of  said  works  from  any  person 
or  corporation. 

15.  Protect  water  supply.  To  construct  or  author- 
ize the  construction  of  water  works  without  their  limits; 
and  for  the  purpose  of  maintaining-  and  protecting-  the  same 
from  injury  and  the  water  from  pollution,  their  jurisdiction 
shall  extend  over  the  territory  occupied  by  such  works;  and 
over  all  reservoirs,  streams,  canals,  ditches,  pipes,  and 
drains  used  in,  and  necessary  for  the  construction,  mainten- 
ance, and  operation  of  the  same,  and  over  the  stream  or 
source  from  which  the  water  is  taken,  for  ten  miles  above 
the  point  from  which  it  is  taken;  and  to  enact  all  ordinan- 
ces and  reg-ulations  necessary  to  carry  the  power  herein  con- 
ferred into  effect. 

16.  Tax  districts.  To  divide  the  city  into  districts 
for  the  purpose  of  local  taxation,  or  to  create  districts  for 
that  purpose,  as  occasion  may  require. 

17.  Control  water.  To  control  the  water  aud  water 
courses  leading-  to  the  city,  and  to  reg-ulate  and  control  the 
water  courses  and  mill  privileg-es  within  the  Q.iiy\  p7'ovided, 
that  the  control  shall  not  be  exercised  to  the  injury  of  any 
rig-hts  already  acquired  by  actual  owners. 

18.  Purchase  or  lease  water.  To  construct,  pur- 
chase or  lease,  and  maintain  canals,  ditches,  and  reservoirs, 
and  to  purchase  or  lease  spring's,  streams,  or  sources  of 
water  supply  for  the  purpose  of  providing-  water  for  irrig-a- 
tion,  domestic,  or  other  purposes;  and  if  necessary  to  se- 
cure said  sources  of  water  supply,  to  purchase  or  lease  the 
land  upon  which  said  water  has  been  appropriated  or  ap- 
plied. 

19.  Lig-litiiig^  works  and  contracts.  To  contract 
with  and  authorize  any  person,  company,  or  association  to 
construct  g-as  works,  electric,  or  other  lig-hting-  works  in 
said  city,  and  g-ive  such  persons,  company,  or  association 
the  privileg-e  of  furnishing-  light  for  the  public  building's, 
streets,  sidewalks,  and  alleys  of  said  city,  for  any  length  of 
time  not  exceeding  three  years. 


16 


Statutory  Provisions. 


20.  Street  lighting.  Regulation  of  gas  compan- 
ies, etc.  Prices.  To  provide  for  the  lighting  of  streets, 
laying  down  of  gas  pipes,  and  erection  of  lamp  posts;  to 
regulate  the  sale  and  use  of  gas,  natural  gas,  and  electric 
or  other  lights,  and  electric  power,  the  charge  therefor  and 
the  rent  of  meters  within  the  city,  and  to  regulate  the  in- 
spection thereof;  to  prohibit  or  regulate  the  erection  of 
telegraph,  telephone,  or  electric  wire  poles  in  the  public 
grounds,  streets,  or  alleys,  and  the  placing  of  wires  thereon; 
and  to  require  the  removal  from  the  public  grounds,  streets, 
or  alleys,  of  any  or  all  such  poles,  and  the  placing  under- 
ground of  any  or  all  telegraph,  telephone,  or  electric  wires. 

21.  Water  rates.  To  fix  the  rate  to  be  paid  for  the 
use  of  water  furnished  by  the  city,  or  by  any  person  or  cor- 
poration. 

22.  Use  of  sidewalks.  To  regulate  the  use  of  side- 
walks and  all  structures  thereunder  or  thereover,  and  to  re- 
quire the  owner  or  occupant  of  any  property  to  keep  the 
sidewalks  in  front  of  or  along  the  same  free  from  snow  and 
all  other  obstructions. 

23.  Obstructing  streets.  To  regulate  and  prevent 
the  throwing  and  depositing  of  ashes,  offal,  dirt,  garbage, 
or  any  offensive  matter  in,  and  to  prevent  injury  or  obstruc- 
tion to,  any  street,  avenue,  alley,  park,  or  public  ground. 

24.  Curbs  and  gutters.  To  provide  for  and  regulate 
cross  walks,  curbs  and  gutters. 

25.  Awiiiugs,  etc.  To  regulate  or  prevent  the  use  of 
streets,  sidewalks,  public  buildings,  and  grounds,  for  signs, 
sign  posts,  awnings,  telegraph  or  telephone  poles,  horse 
troughs,  or  racks,  or  for  posting  hand  bills  or  advertise- 
ments. 

26.  Hand  bills,  etc.  To  regulate  or  prohibit  the  ex- 
hibition, distribution  or  carrying  of  placards  or  hand  bills 
in  the  streets,  public  grounds,  or  upon^the  sidewalks. 

27.  Banners,  etc.  To  regulate  or  prevent  the  flying 


Relative  to  Cities  and  Towns. 


17 


of  flag's,  banners,  or  sig-ns  across  the  streets,  or  from 
houses. 

28.  Street  traffic.  To  reg-ulate  or  prohibit  traffic  and 
sales  upon  the  streets,  sidewalks,  and  .public  places. 

29.  Id.  Speed  of  horses,  etc.  To  reg-ulate  the  speed 
of  horses  and  other  animals,  bicycles,  and  other  vehicles, 

.and  cars  and  locomotives  within  the  limits  of  the  corpora- 
tion; and  to  prevent  horse  racing-,  immoderate  driving-  or 
riding-  in  the  streets. 

30.  Xiimberiiig^  houses.  To  reg-ulate  the  numbering- 
of  houses  and  lots. 

31.  Xaiuiiig  streets.  To  name  streets,  avenues,  and 
other  public  places,  and  to  chang-e  the  names  thereof. 

32.  Railroad  tracks.  To  permit,  reg-ulate,  or  pro- 
hibit the  locating-,  constructing-,  or  lajflng-  the  track  of  any 
railroad  or  tramway  in  any  street,  alley,  or  public  place; 
but  such  permission  shall  not  be  for  a long-er  time  than 
fifty  years. 

33.  Id.  To  provide  for  or  chang-e  the  location,  g^rade, 
or  crossing-  of  any  railroad ; and  to  declare  a nuisance,  and 
to  take  up  and  remove,  or  to  cause  to  be  taken  up  and  re- 
moved, the  tracks  of  any  steeet  railway  company  which 
shall  have  been  laid  upon  the  streets  or  highways  of  the 
city  and  which  such  railway  company  has' failed  to  operate 
with  cars  for  public  use  for  the  period  of  nine  months  after 
the  laying-  thereof. 

34.  Railroad  fences,  crossings,  etc.  To  require 
railroad  companies  to  fence  their  respective  railroads,  or 
any  portion  of  the  same,  and  to  construct  cattle  guards, 
crossings  of  streets  and  of  public  roads,  and  keep  the  same 
in  repair  within  the  limits  of  the  corporation. 

35.  Flagmen.  Crossings.  Drainage.  To  require 
railroad  companies  to  keep  flagmen  at  railroad  crossings  of 
streets  or  otherwise  to  provide  protection  against  injury  to 
persons  and  property;  to  compel  such  companies  to  raise  or 


18 


Statutoky  Pkovisions. 


lower  their  railroad  tracks  to  conform  to  any  g'rade  which 
at  any  time  may  be  established  by  such  city,  so  that  such 
tracks  may  be  crossed  at  any  place  on  any  street,  alley  or 
highway;  to  compel  railroad  companies  to  make  and  keep 
open  and  to  keep  in  repair,  ditches,  drains,  sewers,  and  cul- 
verts along  and  under  their  railroad  tracks,  so  that  the  nat- 
ural or  artificial  drainage  of  adjacent  property  shall  not  be 
impeded. 

36.  Bridges,  etc.  To  construct  and  keep  in  repair 
bridges,  viaducts,  and  tunnels,  and  to  regulate  the  use 
thereof. 

37.  Sewers,  etc.  To  construct  and  keep  in  repair  cul- 
verts, drains,  sewers,  catch  basins,  manholes,  and  cesspools, 
and  to  regulate  the  construction  and  use  thereof. 

38.  Licenses,  generally.  To  license,  tax,  and  regu- 
late hawking,  peddling,  pawnbrokerage,  emplo3^ment 
agencies,  the  keeping  of  ordinaries,  theatrical,  and  other 
exhibitions,  shows,  and  amusements,  and  the  business  con- 
ducted by  ticket  scalpers,  distillers,  brewers,  money  chang- 
ers, brokers,  keepers  of  public  scales,  runners  for  stages, 
cars,  public  houses,  or  other  persons  or  things,  and  to  re- 
voke such  license  at  pleasure;  to  license,  tax,  and  regulate 
banks,  bath  houses,  livery  stables,  skating  rinks,  smelters, 
crushers,  express  companies,  restaurants,  hotels,  taverns, 
theatres,  0])era  houses,  music  halls,  boarding  houses,  eating 
houses,  chop  houses,  lodging  houses,  laundries,  barber 
shops,  second  hand  or  junk  stores  and  to  forbid  the  own- 
ers or  persons  in  charge  of  said  stores  from  purchasing  or 
receiving  any  article  whatever  from  minors  without  the 
written  consent  of  their  guardian  or  parents;  to  license, 
tax,  and  regulate  the  business  conducted  by  hackmen,  dray- 
men, omnibus  drivers,  carters,  cabmen,  porters,  express- 
men,  watermen,  and  all  others  pursuing  like  occupations 
and  to  prescribe  their  compensation;  to  license,  tax,  and 
regulate  the  business  conducted  by  merchants,  retailers, 
shop  and  storekeepers,  butchers,  druggists,  photographers, 
assayers,  confectioners,  and  fruit  peddlers. 


Relative  to  Cities  and  Towns. 


19 


General  licensing  power,  sub.  4. 

Where  an  ordinance  imposes  a license  upon  sewing  machine  agents,  and  a penal- 
ty upon  any  person,  who  within  the  city  limits  engages  in  peddling  without  firsL 
obtaining  a license  therefor,  and  a sewing  machine  agent  sold  machines  from  sam- 
ple without  obtaining  any  license;  held,  that  he  violated  the  ordinance.  Spanish 
Fork  Cit3'  v.  Mortensen,  7 U.  33;  24  P.  629. 

39.  Id.  Billiards,  etc.  To  license,  tax,  reg-ulate,  and 
suppress  billiard,  bag-atelle,  pig-eon  hole,  or  any  other  ta- 
bles or  implements  kept  or  used  for  a similar  purpose;  also 
pin  alleys  or  tables,  or  ball  alleys. 

40.  Disorderly  houses.  Gambling.  To  suppress 
and  prohibit  the  keeping-  of  bawdy  and  other  disorderly 
houses,  houses  of  ill  fame,  or  assig-nation,  or  houses  kept 
by,  maintained  for,  or  resorted  to  or  used  by  one  or  more 
females  for  lewdness  or  prostitution  within  the  limits  of 
the  city,  and  within  three  miles  of  the  outer  boundaries 
thereof,  and  to  prohibit  the  resorting-  thereto  for  any  of 
the  purposes  aforesaid;  and  also  to  suppress  and  prohibit 
g^aming  and  gambling  houses,  lotteries,  and  all  fraudulent 
devices  and  practices,  and  all  kinds  of  gaming,  playing  at 
dice,  cards,  or  other  games  of  chance,  and  to  prohibit  the 
sale  or  exhibition  of  obscene  or  immoral  publications,  prints, 
pictures,  or  illustrations. 

41.  Liquor  traffic.  To  license  and  regulate  or  pro- 
hibit the  manufacturing,  selling,  giving  away,  or  disposing 
in  any  manner,  of  any  intoxicating,  malt,  vinous,  mixed,  or 
fermented  liquor,  the  license  not  to  extend  beyond  the  mu- 
nicipal year  in  which  it  shall  be  granted,  and  to  determine 
the  amount  to  be  paid  for  such  license;  and  said  license 
shall  be  subject  to  the  same  restrictions  as  required  by  the 
general  laws  of  the  state,  and  said  council  shall  require  of 
all  persons  applying  fora  license  hereunder  a bond  in  good 
and  sufficient  security  and  with  like  conditions  as  required 
by  the  general  laws  of  the  state  in  this  regard;  provided, 
that  no  other  or  further  permit  or  license  shall  be  required 
by  the  county  in  which  such  city  is  situated  to  enable  such 
person  or  persons  so  licensed  to  sell  or  deal  therein  within 
the  limits  of  the  corporation. 


20 


Statutory  Provisions. 


Neither  under  its  general  police  powers,  nor  under  a clause  in  the  city  charter 
authorizing  the  city  to  license,  regulate  and  restrain  the  sale  of  fermented  and  spir- 
ituous liquors  within  its  limits,  has  the  city  authority  to  exact  a license  fee  of  $10t> 
per  quarter  from  a dealer  who  is  within  the  city  limits  but  three  miles  from  the  set_ 
tied  portions  of  the  city,  and  without  police  supervisif)ti.  Salt  Lake  City  v.  Wagner, 
2 U.  400.  A city  charter  which  authorizes  the  city  ‘‘to  license,  regulate,  prohibit,  or 
restrain  the  manufacturers,  sellers,  or  vendors  of  spirituous  or  fermented  liquors,” 
does  not  authorize  such  city  to  prohibit  the  sale  of  such  liquors.  Logan  City  v. 
Buck,  3 U.  301;  2 P.  706.  Under  a provision  of  a city  charter  giving  the  city  council 
power  ‘*to  license,  regulate,  prohibit,  or  restrain  houses  or  places  for  the  selling  or 
giving  away  of  wines  or  other  liquors,  whether  ardent,  vinous,  or  fermented,”  an 
ordinance  prohibiting  druggists  from  selling  such  liquors,  except  for  medicinal 
purposes,  is  valid.  Prove  City  v.  Shurtliff,  4 U.  15;  5 P.  302.  The  city  council  of  Salt 
Lake  City,  under  its  charter  granting  it  power  to  license,  regulate,  and  tax  the 
manufacturing,  selling,  giving  away,  or  disposing  of,  in  any  manner,  intoxicating 
liquors,  has  a reasonable  discretion  as  to  the  person  to  whom  the  license  may  be 
granted,  and  as  to  the  place  of  business.  Miner  J.  dissenting.  Perr3"  v Salt  Lake 
Cit3"  Council,  7 U.  143;  25  P.739.  Defendant  issued  plaintiff  a liquor  license,  and  the 
latter  paid  for  three  months;  within  a month  after  issuance,  the  defendant  revoked 
the  license  without  preferring  charges,  upon  informal  notice  of  the  hearing,  but 
without  citing  him  to  show  cause;  held,  that  the  revocation  without  giving  plain- 
tiff an  opportunity  to  be  heard  was  void.  Pehrson  v.  City  Council — U.--;  46  P.657. 

42.  Selling  liquors  to  minors,  etc.  Opium.  To 

punish  and  prohibit  the  selling-  or  g-iving  away  of  any  in- 
toxicating, malt,  vinous,  mixed,  or  fermented  liquor  to  any 
minor,  insane,  or  idiotic  person,  habitual  drunkard  or  per- 
son intoxicated;  and  also  to  punish  and  prohibit  the  keep- 
ing or  maintaining,  or  becoming  an  inmate  of,  or  visiting, 
or  in  any  way  contributing  to  the  support  of,  any  place, 
house,  or  room  where  opium  is  smoked,  or  where  persons 
assemble  for  the  purpose  of  smoking  opium  or  inhaling  the 
fumes  of  opium,  or  where  opium  is  sold  for  such  purpose. 

43.  Markets.  To  establish  markets  and  market  houses, 
and  provide  for  the  regulation  and  use  thereof. 

44.  Id.  To  provide  for  the  place  and  manner  of  sale  of 
meats,  poultry,  fish,  butter,  cheese,  lard,  vegetables,  and  all 
other  provisions,  and  regulate  the  selling  of  the  same. 

45.  Inspection  of  provisions.  To  provide  for  and 
regulate  the  inspection  of  meats,  fruits,  poultry,  fish,  but- 
ter, cheese,  lard,  vegetables,  flour,  meal,  and  all  other  pro- 
visions. 

46.  Inspection  of  mercliandise.  To  provide  for 
the  inspection,  measurement,  or  graduation  of  any  mer- 


Relative  to  Cities  and  Towns. 


21 


chandise,  manufacture,  or  commodity,  and  to  appoint  the 
necessary  officers  therefor. 

47.  Weights  and  measures.  To  provide  for  the 
inspection  and  sealing-  of  weig-hts  and  measures. 

48.  Id.  To  enforce  the  keeping  of  proper  weights  and 
measures  by  vendors. 

49.  Plumbiug, ’etc.  To  regulate  the  construction, 
repairs,  and  use  of  vaults,  cisterns,  areas,  hydrants,  pumps, 
sewers,  gutters,  and  plumbing. 

50.  Disorderly  conduct.  To  prevent  intoxication, 
fighting,  gambling,  quarrelling,  dog  fights,  cock  fights, 
and  all  disorderly  conduct,  and  to  provide  against  and  pre- 
vent the  offenses  of  assault  and  battery  and  petit  larceny; 
to  restrain  riots,  routs,  noises,  disturbances,  or  disorderly 
assemblies  in  any  street,  house,  or  place  in  the  city;  to  reg- 
ulate or  prevent  the  discharge  of  firearms,  rockets,  powder, 
fireworks,  or  any  other  dangerous,  or  combustible  material 
in  the  streets,  lots,  grounds,  alleys,  or  about  or  in  the  vi- 
cinity of  public  buildings. 

51.  Concealed  weapons.  To  regulate  and  prohibit 
the  carrying  of  concealed  weapons. 

52.  Vagrants.  To  arrest,  fine,  or  set  to  work  on  the 
streets  or  elsewhere,  all  vagrants,  mendicants,  and  persons 
found  in  said  city  without  visible  means  of  support  or  some 
legitimate  business. 

53.  Disorderly  conduct.  To  provide  for  the  punish- 
ment of  persons  disturbing  the  peace  and  good  order  of  the 
city  or  any  lawful  assembly,  by  clamor,  or  noise,  or  by  in- 
toxication, fighting,  or  using  obscene  or  profane  language, 
or  otherwise  violating  the  public  peace  by  indecent  or  dis- 
orderly conduct,  or  by  lewd  or  lascivious  behavior. 

54.  Tramps,  swindlers,  etc.  To  provide  for  the 
punishment  of  tramps,  common  street  beggars,  common 
prostitutes,  habitual  disturbers  of  the  peace,  pickpockets, 


22 


Statutory  Provisions. 


g-amblers,  thieves,  or  persons  who  practice  anv  g-ame,  trick, 
or  device  with  intent  to  swindle, 

55.  Fire  limits.  To  define  the  fire  limits,  and  pre- 
scribe limits  within  which  no  building’ shall  be  constructed, 
except  of  brick,  stone,  or  other  incumbustible  material, 
without  permission,  and  to  cause  the  destruction  or  removal 
of  any  building-  constructed  or  repaired  in  violation  of  any 
ordinance;  and  to  cause  all  building’s  and  inclosures  which 
may  be  in  a dang-erous  state  to  be  put  in  a safe  condition 
or  removed. 

56.  Coiistroctioii  of  biindiiig*s.  Fire  escapes.  To 

prescribe  the  manner  of  constructing-  stone,  brick,  and 
other  building’s,  and  the  construction  of  fire  escapes;  and  to 
cause  all  building’s  used  for  public  purposes  to  be  provided 
with  sufficient  and  ample  means  of  exit  and  entrance,  and 
to  be  supplied  with  necessary  and  appropriate  applian- 
ces for  the  extinguishment  of  fire,  to  prevent  the  over- 
crowding thereof;  and  to  regulate  the  placing  and  use  of 
seats,  chairs,  benches,  scenery,  curtains,  blinds,  screens,  or 
other  appliances  therein. 

57.  Dangerous  chiiimeys,  boilers,  etc.  To  pre- 
vent the  dangerous  construction  and  condition  of  chimneys, 
fireplaces,  hearths,  stoves,  stovepipes,  heaters,  ovens,  fur- 
naces, boilers,  and  apparatus  used  in  and  about  buildings 
and  manufactories,  and  cause  the  same  to  be  removed  or 
placed  in  a safe  condition. 

58.  Dangerous  manufactures.  To  regulate  and 
prevent  the  carrying  on  of  manufacturing  likely  to  cause 
fires;  and  to  prevent  the  deposit  of  ashes  in  unsafe  places. 

59.  Fire  department.  Except  as  otherwise  provided 
by  law,  to  provide  for  the  organization  and  support  of  a 
fire  department;  to  procure  fire  engines,  hooks,  ladders, 
buckets,  and  other  apparatus,  and  to  organize  fire  engine 
and  hook  and  ladder  companies,  and  to  prescribe  rules,  du- 
ties, and  government  therein,  with  such  penalt}^  as  the 
council  may  deem  proper,  and  to  make  all  necessar}^  appro- 


Relative  to  Cities  and  Towns. 


23 


priation  therefor;  and  to  establish  reg-ulations  for  the  pre- 
vention and  exting-uishment  of  fires. 

60.  Combustibles  and  explosives.  To  reg^ulate  or 
prevent  the  storag-e  of  gunpowder,  tar,  pitch,  resin,  coal 
oil,  benzine,  turpentine,  nitro-gljcerine,  petroleum,  or  any 
of  the  products  thereof,  and  other  combustible  or  explosive 
material,  and  the  use  of  lights  in  stables,  shops,  and  other 
places,  and  the  building  of  bonfires. 

61.  Steam  boilers  and  elevators.  To  provide  for 
the  inspection  and  to  regulate  the  use  of  steam  boilers;  to 
provide  for  the  examination,  regulation,  and  licensing  of 
stationary  engineers  and  of  others  having  charge  or  control 
of  stationary  engines,  boilers,  or  steam  generating  appara- 
tus, or  elevators  within  the  corporate  limits  of  the  city. 

62.  Jails.  To  establish,  erect,  and  maintain  city  jails, 
houses  of  correction,  and  work  houses  for  the  confinement 
of  persons  convicted  of  violating  any  city  ordinances,  and 
to  make  rules  and  regulations  for  the  government  of  the 
same,  and  to  appoint  necessary  jailers  and  keepers;  and  to 
use  the  county  jail  for  the  confinement  or  punishment  of 
offenders,  subject  to  such  conditions  as  are  imposed  by  law, 
and  with  the  consent  of  the  board  of  county  commissioners. 

63.  Cruelty  to  animals.  To  prohibit  cruelty  to  ani- 
mals. 

64.  Nuisances.  To  declare  wh  it  shall  be  a nuisance 
and  to  abate  the  same,  and  to  impose  fines  upon  parties  who 
may  create,  continue,  or  suffer  nuisances  to  exist. 

65.  Health  and  quarantine.  To  make  regulations 
to  secure  the  general  health  of  the  city,  to  prevent  the  in- 
troduction of  contagious,  infectious,  or  malignant  diseases 
into  the  city,  and  to  make  quarantine  laws  and  enforce  the 
same  within  the  corporate  limits,  and  within  twelve  miles 
thereof.  To  create  a board  of  health  and  prescribe  the 
powers  and  duties  of  the  same. 

66.  Cemeteries  and  hospitals.  To  purchase,  hold, 


24 


Statutory  Provisions. 


and  pay  for  lands  within  or  without  the  corporate  limits, 
for  the  burial  of  the  dead,  and  all  necessary  g-round  for 
hospitals,  and  to  have  and  exercise  police  jurisdiction  over 
the  same,  and  over  any  cemetery  used  by  the  inhabitants  of 
said  city;  and  to  survey,  plat,  map,  fence,  ornament,  and 
otherwise  improve  all  public  burial  and  cemetery  g-rounds; 
and  to  convey  cemetery  lots  owned  by  said  city,  and  pass 
rules  and  ordinances  for  the  protection  and  governing  of 
said  grounds. 

67.  Births  and  deaths.  To  regulate  the  burial  of 
the  dead  and  the  registration  of  births  and  deaths;  to  direct 
the  returning  and  keeping  of  bills  of  mortality,  and  to  im- 
pose penalties  on  physicians,  sextons,  and  others  for  default 
therein. 

68.  Estrays.  To  regulate,  or  prohibit  the  running  at 
large  within  the  limits  of  the  city,  horses,  mules,  asses, 
cattle,  swine,  sheep,  goats,  geese,  and  all  kinds  of  poultry; 
to  establish  a pound  and  appoint  a pound  keeper,  and  pre- 
scribe his  duties,  and  to  distrain  and  impound  anima;ls  run- 
ning at  large,  and  to  provide  for  the  sale  of  the  same  in  the 
same  manner  as  provided  by  the  laws  of  the  state  for  sale 
of  estrays  and  trespassing  animals.  The  proceeds  arising 
from  the  sale  of  such  animals,  after  the  payment  of  all 
costs,  shall  go  to  the  city  treasurer  to  be  disposed  of  accor- 
ding to  law. 

69.  Dogs.  To  license,  tax,  regulate  or  prohibit  the 
keeping  of  dogs,  and  authorize  the  destruction  of  the  same 
when  at  large  contrary  to  ordinance. 

70.  Slaughter  houses,  etc.  To  direct  the  location 
and  regulate  the  management  and  construction  af  packing 
houses,  tanneries,  canneries,  renderies,  bone  factories, 
slaughter  houses,  butcher  shops,  soap  factories,  foundries, 
breweries,  distilleries,  livery  stables,  and  blacksmith  shops 
in  and  within  one  mile  of  the  limits  of  the  corporation. 

71.  Offensive  trade,  nuisance.  To  prohibit  any 
offensive  or  unwholesome  business  or  establishment  in  and 


Relative  to  Cities  and  Towns. 


25 


within  one  mile  of  the  limits  of  the  corporation;  to  compel 
the  owner  of  any  pig-  sty,  privy,  barn,  corral,  sewer,  or 
other  unwholesome  or  nauseous  houses  or  place,  to  cleanse, 
abate,  or  remove  the  same,  and  to  regulate  the  location 
thereof. 

72.  Census.  To  provide  for  taking  the  census;  but  no 
census  shall  be  taken  oftener  than  once  in  five  years,  ex- 
cept as  provided  in  chapter  one  of  this  title. 

73.  Public  buildings.  To  provide  for  the  construc- 
tion and  care  of  all  public  buildings  necessary  for  the  use 
of  the  city. 

74.  Annoying  aninseinents.  To  prevent  or  regu- 
late the  rolling  of  hoops,  playing  of  ball,  flying  of  kites, 
riding  of  bicycles  or  trycicles,  or  any  other  amusement  or 
practice  having  a tendency  to  annoy  persons  passing  in  the 
streets,  or  on  sidewalks,  or  to  frighten  teams  or  horses. 

75.  Lumber  yards,  etc.  To  regulate,  or  prohibit 
the  keeping  of  any  lumber  yard,  and  the  placing  or  piling 
or  selling  of  any  lumber,  timber,  wood,  or  other  combust- 
ible material  within  the  fire  limits  of  the  city. 

76.  Water  works,  tire  signals,  etc.  To  purchase, 
construct,  lease,  rent,  manage,  and  maintain  any  system  or 
part  of  any  system  of  water  works,  hydrants,  and  supplies 
of  water,  telegraphic  fire  signals,  or  fire  apparatus,  and  to 
pass  all  ordinances,  penal  or  otherwise,  that  shall  be  neces- 
sary for  the  full  protection,  maintenance,  management,  and 
control  of  the  property  so  leased,  purchased  or  constructed. 

77.  Public  libraries.  To  establish,  maintain,  and 
regulate  free  public  libraries  and  reading  rooms  as  provided 
by  law,  and  to  perpetuate  such  free  libraries  and  reading 
rooms  as  may  have  been  heretofore  established  in  said 
•cities. 

78.  Public  traffic.  To  regulate  or  prohibit  all  public 
■demonstrations  and  processions  which  interfere  with  public 
traffic. 


26 


Statutory  Provisions. 


79.  Iiidig;eiit  dead.  To  provide  for  the  burial  of  the 
indig-ent  dead,  and  to  pay  the  expenses  thereof. 

80.  Education.  To  authorize  the  taking-  and  to  pro- 
vide for  the  safe  keeping-  and  education,  for  such  periods  of 
time  as  may  be  expedient,  of  all  children  who  are  destitute 
of  proper  parental  care. 

81.  Inspection  of  liquor.  To  regulate  the  inspec- 
tion of  malt,  vinous,  and  spirituous  liquors. 

82.  Street  tax.  To  provide  by  ordinance  for  the  an- 
nual levy  and  collection  of  a street  tax,  to  be  assessed  upon 
the  property,  real  and  personal,  of  the  city;  which  tax  if 
levied  and  collected,  shall  be  in  lieu  of  the  tax  provided  for 
in  subdivision  three  of  section  two  hundred  and  fifty-three. 
Said  tax  shall  not  in  any  one  year  exceed  one-half  of  one 
per  cent.,  and  shall  be  expended  for  the  opening,  widening, 
grading,  and  improving  of  the  streets,  sidewalks,  avenues, 
and  alleys  of  the  city. 

83.  Street  noises.  To  prevent  the  ringing  of  bells, 
blowing  of  horns  and  bugles,  crying  of  goods  by  auction- 
eers and  others,  and  the  making  of  other  noises  for  the  pur- 
pose of  business,  amusement,  or  otherwise,  and  to  prevent 
all  performances  and  devices  tending  to  , the  collection  of 
persons  on  the  streets  or  sidewalks  of  the  city. 

84.  Fastening-  animals.  To  compel  persons  to  fasten 
animals  attached  to  vehicles  standing  or  remaining  in  the 
streets. 

85.  Official  bonds  and  reports.  To  require  all  mu- 
nicipal officers  and  agents  elected  or  appointed  to  give  bond 
and  security  for  the  faithful  performance  of  their  duties, 
and  to  require  from  every  officer  of  the  city  at  any  time  a 
report  in  detail  of  all  the  transactions  in  his  office,  or  any 
matters  connected  therewith. 

86.  Create  necessary  offices.  Prescribe  duties. 

To  create  any  office  that  may  be  deemed  necessary  for  the 
good  government  of  the  city;  to  regulate  and  prescribe  the 


Relative  to  Cities  and  Towns. 


27 


powers,  duties,  and  compensation  of  all  officers  of  the  city, 
except  as  otherwise  provided  by  law. 

87.  Licenses.  To  raise  revenues  by  levying-  and  col- 
lecting- a license  fee  or  tax  on  any  private  corporation  or 
business  within  the  limits  of  the  city,  and  regulate  the 
same  by  ordinance.  All  such  license  fees  and  taxes  shall 
be  uniform  in  respect  to  the  class  upon  which  they  are  im- 
posed. 

88.  Ordinances.  To  pass  all  ordinances  and  rules  and 
make  all  regulations,  not  repugnant  to  law,  necessary  for 
carrying  into  effect  or  discharging  all  powers  and  duties 
conferred  by  this  title,  and  such  as  shall  seem  necessary  and 
proper  to  provide  for  the  safety,  and  preserve  the  health, 
and  promote  the  prosperity,  improve  the  morals,  peace, 
good  order,  comfort,  and  convenience  of  the  city  and  the 
inhabitants  thereof,-  and  for  the  protection  of  property 
therein;  and  to  enforce  obedience  to  such  ordinances  with 
such  fines  or  penalties  as  the  city  council  may  deem  proper; 
provided,  that  the  punishment  for  any  offense  shall  be  by 
fine  in  any  sum  not  less  than  three  hundred  dollars,  or  by 
imprisonment  not  to  exceed  six  months,  or  by  both  such 
fine  and  imprisonment. 

A municipal  corporation  has  power  to  pass  an  ordinance  for  th^  punishment  of 
an  offense,  notwithstanding-  the  same  was  provided  ag-ainst  by  g-eneral  law.  Ex 
parte  Doug-lass,  1 U.  108.  Where  an  ordinance  and  an  act  of  the  legislature  relate  to 
the  same  subject  matter,  the  ordinance  is  not  repealed  by  the  act  unless  repugnant 
to  the  latter,  since  repeals  must  be  clear,  particularly  of  special  or  local  laws  or  or- 
dinances. Ogden  City  V,  Hamer,  12  U,  337;  42  P.  1113.  Where  a municipal  corpor- 
ation ma3'  prohibit  a thing  altogether,  it  ma\^  prohibit  it  conditionally,  and  confer 
upon  some  officer  or  officers  power  to  determine  whether  a fact  or  state  of  things 
exists  which  will  authorize  the  doing, of  it.  Cit>'  of  Eureka  v.  Wilson. 

Sec.  207.  Powers  to  be  enforced  by  ordinance. 

When  by  this  title  power  is  conferred  upon  the  city  council 
to  do  and  perform  any  act  or  thing,  and  the  manner  of  exer- 
cising the  same  is  not  specifically  pointed  out,  the  city 
council  may  provide  by  ordinance  the  manner  and  details 
necessary  for  the  full  exercise  of  such  power. 


28 


Statutory  Provisions. 


ACTIONS  FOR  VIOLATIONS  OF  ORDINANCES. 

208.  Actions  in  corporate  name.  All  actions 
broug’ht  to  recover  any  fine  or  to  enforce  any  penalty  under 
any  ordinance  of  any  city  shall  be  brought  in  the  corporate 
name  of  the  city  as  plaintiff;  and  no  prosecution,  recovery, 
or  acquittal  for  the  violation  of  any  such  ordinance  shall 
constitute  a defense  to‘  any  other  prosecution  of  the  same 
person  for  any  other  violation  of  any  such  ordinance,  al- 
though the  different  causes  of  action  existed  at  the  same 
time,  and  if  united  would  not  have  exceeded  the  jurisdic- 
tion of  a justice  of  the  peace. 

209.  Money  paid  into  treasury.  All  fines  and  for- 
feitures for  the  violation  of  ordinances,  and  all  money  col- 
lected for  licenses  or  otherwise,  shall  be  paid  into  the 
treasury  of  the  corporation  at  such  times  and  in  such  man- 
ner as  may  be  prescribed  by  ordinance. 

210.  Pleading  and  imprisonment.  In  all  actions 
for  the  violation  of  any  ordinance,  it  shall  be  sufficient  if 
the  complaint  refer  to  the  title  and  section  of  the  ordinance 
under  which  such  action  is  brought.  Any  person  upon 
whom  any  fine  or  penalty  shall  be  imposed,  may,  upon  the 
order  of  the  court  before  whom  the  conviction  is  had,  be 
committed  to  the  county  jail  or  the  city  prison,  or  to  such 
other  place  as  may  be  provided  by  the  city  for  the  incarcer- 
atimi  of  offenders  until  such  fine,  penalty,  and  costs  shall 
be  fully  paid. 

211.  Imprisonment  at  labor.  The  city  council 
shall  have  power  to  provide  by  ordinance,  that  every  person 
so  committed  shall  b'e  required  to  work  for  the  corporation 
at  such  labor  as  his  strength  will  permit,  not  exceeding 
eight  hours  each  working  day;  and  tor  such  work  the  per- 
son so  employed  shall  be  allowed  one  dollar  for  each  day’s 
work  on  account  of  such  fine  and  costs. 

212.  Serving  process.  Arrests.  Any  constable  or 
sheriff  of  a county  ma}^  serve  any  process  or  make  any  ar- 
rest authorized  to  be  made  by  any  city  officer. 


Relative  to  Cities  and  Towns. 


29 


OFFICERS — POWERS  AND  DUTIES. 

213.  Elective  Officers.  Terms.  In  addition  to  the 
mayor  and  city  councilmen,  there  shall  be  elected  in  all 
cities  of  the  state,  a city  recorder,  a city  treasurer,  and  a 
city  justice  of  the  peace;  and  also  in  cities  of  the  first  and 
second  class,  a city  attorney  and  a city  auditor;  and  in  cities 
of  less  than  twelve  thousand  inhabitants,  a city  marshal; 
Provided^  that  in  cities  of  less  than  twelve  thousand  inhabi- 
tants the  city  recorder  shall  be  ex-officio  city  auditor  and 
shall  perform  the  duties  of  such  office  without  extra  com- 
pensation therefor.  All  elective  officers  shall  hold  their  re- 
spective offices  for  two  years  and  until  their  successors  are 
elected  and  qualified. 

As  amended,  session  laws  1899. 

Sec.  214.  Appointive  officers.  The  mayor,  by  and 
with  the  advice  and  consent  of  the  council,  may  appoint  all 
appointive  officers  and  ag-ents  that  may  be  provided  for  by 
law  or  ordinance,  and,  in  like  manner,  fill  all  vacancies 
among-  the  same,  except  as  otherwise  provided  by  pro- 
vided^ that  elective  officers  shall  have  the  sole  rig-ht  to  ap- 
point all  their  deputies  and  assistants,  who  shall  be  con- 
firmed by  the  city  council. 

As  amended,  session  laws  1899. 

215.  Id.  Terms.  Except  as  otherwise  provided  by 
law,  the  term  of  office  of  all  appointive  officers  shall  be 
until  the  municipal  election  next  following-  their  appoint- 
ment, and  until  their  successors  are  duly  appointed  and 
qualified,  unless  sooner  removed  by  the  mayor  with  the  con- 
currence of  the  majority  of  the  members  of  the  city  council, 
or  by  the  city  council  with  the  concurrence  of  the  mayor. 

216.  Oath.  Bond.  All  officers  of  any  city,  whether 
elected  or  appointed,  shall,  before  they  enter  upon  the  duties 
of  their  respective  offices,  take  and  subscribe  the  constitu- 
tional oath  of  office;  and  every  such  officer  shall,  before  en- 
tering- upon  the  duties  of  his  office,  execute  a bond  with 
g-ood  and.  sufficient,  sureties,  to  be  approved  by  the  mayor, 
payable  to  the  city  in  such,  penal  sum  as  may,  by  resolution 
or  ordinance  be  directed,  conditioned  for  the  faithful  per- 
formance of  the  duties  of  his  office,  and  the  payment  of  all 
moneys  received  by  such  officer  according-  to  law  and  the  or- 
dinances of  sa.id  city ; provided,  that  the  bond  of  the  mayor 
shall  be  approved  by  the  city  councU;  provided  further,  that 
the  treasurer’s  bond  shall  be  fixed  at  a sum  not  less  than 
the  amount  of  the  whole  tax  tor  the  current  year. 


30 


Statutory  Provisions. 


217.  Bonds  of  first  officers.  Whenever  the  inhabi- 
tants of  any  territory  incorporate  under  this  title,  the  offi- 
cers first  elected  shall  g-ive  bonds  as  mentioned  in  the  pre- 
ceding- section,  in  the  penal  sum  of  not  less  than  five  hun- 
dred dollars,  such  bonds  to  remain  in  force  until  the  pas- 
sage of  ordinances  or  resolutions  by  the  council  of  such  cor- 
poration providing  for  the  giving  of  bonds  by  said  officers. 

218.  Additional  bonds.  The  city  council  may  at  any 
time  require  further  and  additional  bonds  of  all  officers 
elected  and  appointed.  All  bonds  given  by  the  officers  of 
any  city  shall  be  filed  with  the  recorder,  except  the  bond  of 
the  recorder,  which  shall  be  filed  with  the  treasurer. 

219.  Malcondnct.  In  case  the  mayor  or  any  munici- 
pal officer  shall,  at  any  time  wilfully  omit  the  performance 
of  any  duty,  or  wilfully  and  corruptly  be  guilty  of  oppres- 
sion, malconduct,  or  misfeasance  in  office,  he  shall  be  liable 
to  indictment,  and,  on  conviction  thereof,  fined  in  a sum 
not  exceeding  one  thousand  dollars,  and  the  court  under 
which  such  conviction  shall  be  had  shall  enter  an  order  re- 
moving such  officer  from  office;  nor  shall  he  be  eligible  to 
any  municipal  office  thereafter. 

220.  Delivery  to  successors.  Every  officer  of  the  city 
shall,  within  five  days  after  notification  and  request,  deliver 
to  his  successor  in  office  all  properties,  books  and  effects  of 
every  description  in  his  possession  belonging  to  the  city  or 
appertaining  to  his  said  office:  and  upon  his  refusal  to  do 
so,  shall  be  liable  for  all  damages  caused  thereby,  and  to 
such  penalty  as  may  be  by  ordinance  prescribed. 

221.  Who  eligible  to  office.  No  person  shall  be  eli- 
gible to  any  office  who  is  not  a qualified  elector  of  the  city, 
nor  shall  ar^y  person  be  eligible  to  any  office  who  is  a de- 
faulter to  the  corporation. 

222.  Officer  not  to  be  interested  in  contract. 

No  officer  shall  be  directly  or  indirectly  interested  in  any 
contract,  work,  or  business  of  the  city,  or  in  the  sale  of  any 
article,  the  expense,  price  or  consideration  of  which  is  paid 
from  the  treasury,  or  by  any  assessment  levied  by  any  act 


Relative  to  Cities  and  Towns. 


31 


or  ordinance,  nor  in  the  purchase  of  any  real  estate  or  any 
other  property  belong-ing  to  the  corporation,  or  which  shall 
be  held  for  taxes,  or  assessments,  or  by  virtue  of  leg-al  pro- 
cess, at  the  suit  of  said  corporation,  mayor,  or  other  officer 
of  the  city. 

223.  Id.  Bribery.  Penalty.  Any  officer  of  the  city 
or  member  of  the  citv  council  who  shall  by  himself  or  ag’ent 
become  a party  to  or  in  any  way  interested  in  any  contract 
work  or  letting*,  under  the  authority  of  the  city,  or  who 
shall  either  directly  or  indirectly  by  himself  or  another  ac- 
cept or  receive  any  valuable  consideration  or  promise  for 
his  influence  or  vote,  shall  be  fined  in  any  sum  not  exceeding* 
one  thousand  dollars,  one-half  of  which  shall  g*o  to  the  in- 
former and  the  balance  be  paid  into  the  city  treasury  by  the 
oflicer  collecting*  or  receiving*  the  same,  and  the  said  con- 
tract shall  be  null  and  void. 

224.  Holding-  more  than  one  office.  In  cities  of 
the  first  and  of  the  second  class,  no  mayor,  councilman,  re- 
corder, or  treasurer  shall  hold  any  other  office  under  the 
city  government  during  his  term  of  office. 

225.  Compensation.  All  officers  of  any  city  shall 
receive  such  compensation  as  may  be  fixed  by  ordinance, 
but  the  compensation  of  any  such  officers  shall  not  be  in- 
creased or  diminished  to  take  effect  during  the  time  for 
which  any  such  officer  was  elected  or  appointed. 

226.  Councilman  not  to  hold  created  office.  No 

member  of  any  city  council  shall  hold  or  be  appointed  to 
any  office  which  shall  have  been  created,  or  the  salary  or 
emoluments  of  which  shall  have  been  increased  while  he 
was  a member,  during  the  term  for  which  he  was  elected 
and  for  one  year  after  the  expiration  of  such  term. 

227.  Defining  duties  of  officers.  The  duties,  pow- 
ers, and  privileges  of  all  officers  in  any  way  connected  with 
the  city  government  not  herein  defined  shall  be  defined  by 
the  city  council,  and  the  defining  by  this  title  of  duties  of 
city  officers  shall  not  preclude  the  city  council  from  defin- 


32 


Statutory  Provisions. 


ing-  by  ordinance  further  and  additional  duties  to  be  per- 
formed by  any  such  officer. 

CITY  RECORDER. 

228.  Office,  where.  Keep  records.  Certify 
copies.  The  city  recorder  shall  keep  his  office  at  the  place 
of  meeting-  of  the  city  council,  or  some  other  place  conve- 
nient thereto,  as  the  council  may  direct.  He  shall  keep  the 
corporate  seal  and  all  papers  and  records  of  the  city,  and 
keep  a record  of  the  proceeding's  of  the  city  council,  whose 
meetings  it  shall  be  his  duty  to  attend.  Copies  of  all  papers 
filed  in  his  office,  and  transcripts  from  all  records  of  the 
city  council  certified  by  him,  under  the  corporate  seal,  shall 
be  evidence  in  all  courts,  as  if  the  original  were  produced. 

229.  Couiitersign  contracts.  He  shall  countersign 
all  contracts  made  in  behalf  of  the  city,  and  every  contract 
made  in  behalf  of  the  city  or  to  which  the  city  is  a party, 
shall  be  void  unless  signed  by  the  recorder. 

230.  Duties  in  relation  to  finance.  City  auditor. 
The  city  auditor,  in  cities  having  an  auditor,  and  in  all 
other  cases,  the  city  recorder,  shall  draw  and  countersign 
all  orders  upon  the  treasurer  in  pursuance  of  any  order  or 
resolution  of  the  city  council,  and  keep  a full  and  accurate 
account  thereof  in  books  provided  for  that  purpose;  shall 
make  to  the  city  council  from  time  to  time,  upon  the  order 
of  the  council,  reports  of  the  financial  condition  of  the  city; 
shall  make  and  keep  a list  of  outstanding  bonds,  to  whom 
issued,  for  what  purpose,  when  and  where  payable,  and  the 
rate  of  interest  they  respectively  bear,  and  recommend  such 
action  to  the  city  council  as  shall  secure  the  payment  of 
the  principal  and  interest  of  such  bonds;  shall  report  annu- 
allv,  on  or  before  the  first  day  of  June,  to  the  city  council, 
an  estimate  of  the  expenses  of  the  city  and  of  the  revenue 
necessary  to  be  raised  for  the  current  year;  shall  keep  regu- 
lar books  of  account  in  which  he  shall  enter  all  indebted- 
ness of  the  city,  and  which  shall  at  all  times  show  the  finan- 
cial condition  of  the  city,  the  amount  of  bonds,  orders,  cer- 


Relative  to  Cities  and  Towns. 


33 


tilicates  or  other  evidences  of  indebtedness  issued  by  the 
city  council,  the  amount  of  all  bonds,  orders,  certificates,  or 
other  evidences  of  indebtedness  which  have  been  redeemed, 
and  the  amount  of  each  outstanding*;  shall  keep  accounts 
with  all  receiving*  and  disbursing*  officers  of  the  city,  show- 
ing* the  amount  they  have  received  from  the  different  sour- 
ces of  revenue  and  the  amount  which  they  have  disbursed 
under  the  direction  of  the  city  council;  shall  examine  all 
reports,  books,  papers,  vouchers,  and  accounts  of  the  city 
treasurer;  shall  audit  all  claims  and  demands  against  the 
city  before  they  are  allowed  by  the  city  council;  and  shall 
keep  a record  of  claims  presented  and  the  action  of  the  coun- 
cil thereon;  shall  keep  a book  properly  indexed  in  which  he 
shall  enter  all  contracts,  which  book  shall  be  open  to  the 
inspection  of  all  persons  interested;  and  shall  perform  such 
other  duties  as  the  city  council  may  provide  by  ordinance. 

231.  Annual  financial  statement.  The  city  audi- 
tor, in  cities  having  an  auditor,  and  in  all  other  cases,  the 
city  recorder,  shall  prepare  and  publish,  on  or  before  the 
first  Monday  in  July  of  each  year,  in  some  newspaper  hav- 
ing a general  circulation  in  the  city,  a detailed  statement  of 
the  financial  condition  of  the  city,  and  of  all  receipts  and 
expenditures  for  the  previous  year,  ending  June  30th,  show- 
ing: 

1.  The  total  receipts  of  the  city,  stating  particularly  the 
source  of  each  portion  of  the  revenue. 

2.  The  amount  of  cash  on  hand  at  the  date  of  the  last 
report. 

3.  The  amount  of  sinking  fund,  and  how  invested. 

4.  The  number,  date,  and  amount  of  every  bond  issued  or 
redeemed,  and  the  amount  received  or  paid  therefor. 

5.  The  indebtedness  of  the  city,  funded  and  floating, 
stating  the  amount  of  each  class,  and  the  rate  of  interest 
borne  by  such  indebtedness,  or  any  part  thereof. 

6.  The  amount  of  cash  in  the  city  treasury  and  in  its  sev- 
eral funds. 

7.  The  total  expenditures  of  the  city,  as  shown  by  the 


34 


Statutoky  Provisions. 


warrants  issued,  g-iving-  in  total  the  amount  expended  in 
each  department. 

As  amended,  session  law  1899. 

CITY  TREASURER. 

232.  Duties  generally.  The  city  treasurer  shall  re- 
ceive all  money  belong-ing-  to  the  city,  including-  all  taxes, 
licenses  and  fines,  and  keep  an  accurate  and  detailed  ac- 
count thereof,  in  such  a manner  as  provided  in  this  title, 
or  as  the  city  council  from  time  to  time  may  by  ordinance 
direct,  and  he  shall  collect  special  taxes  and  assessments  as 
provided  by  law  and  ordinance.  He  shall  make  a settle- 
ment with  the  recorder  or  auditor,  as  the  council  may  di- 
rect, at  the  end  of  every  month,  and  turn  overall  warrants, 
interest  coupons,  bonds  or  other  evidence  of  the  indebted- 
ness of  the  city,  which  may  have  been  redeemed  by  him 
during-  the  month,  taking-  the  receipts  of  the  recorder  or 
auditor  therefor,  and  all  such  warrants,  orders,  or  other 
evidence  of  indebtedness  shall  be  canceled  by  him  and  have 
written  or  stamped  thereon  the  date  of  their  payment  or 
redemption. 

233.  Payments.  He  shall  pay  no  money  out  save  up- 
on lawful  warrant,  except  bonds  and  interest  coupons,  which 
when  due  may  be  paid  upon  presentation,  or  in  case  the 
same  are  payable  at  some  other  place,  then  the  money  for 
their  redemption  shall  be  sent  to  the  place  where  they  are 
payable,  in  time  to  meet  such  payment  when  due. 

234.  Warrants  paid  in  order.  All  warrants  shall 

be  paid  in  the  order  in  which  they  shall  be  presented,  and 
the  treasurer  shall  note  upon  the  back  of  each  warrant  pre- 
sented to  him,  the  date  of  such  presentation,  and  when  pay- 
ment is  made,  the  date  of  such  provided,  that  any 

warrant  shall  be  paid  by  the  treasurer  in  case  a sufficient 
amount  of  money  shall  remain  in  the  treasury  to  day  all 
warrants  issued  previous  to  such  warrant. 

235.  Receipts.  The  treasurer  shall  g-ive  every  person 


Relative  to  Cities  and  Towns. 


35 


paying-  money  to  the  city  treasury  a receipt  therefor,  speci- 
fying the  date  of  payment  and  upon  what  account  paid;  and 
he  shall  also  file  the  duplicate  of  such  receipt  with  the  audi- 
tor or  recorder  as  the  council  may  direct  at  the  date  of  his 
monthly  report. 

236.  Public  money  to  be  kept  separate.  The 

treasurer  shall  keep  all  money  belonging  to  the  city  separ- 
ate and  distinct  from  his  own  money.  Whenever  it  shall 
appear  to  the  mayor  that  the  treasurer  is  making  profit  out 
of  public  money  or  using  th'e  same  for  any  purpose  not 
authorized  by  law,  he  shall  suspend  him  from  office,  and 
upon  his  conviction  for  such  offense  his  office  shall  become 
vacant. 

237.  Reports.  Registry  of  warran  ts.  The  treas- 
urer shall  report  to  the  city  council  at  such  times  as  may 
be  prescribed  by  ordinance,  giving  a full  and  detailed  ac- 
count of  all  receipts  and  expenditures  since  his  last  report, 
and  the  state  of  the  treasury.  He  shall  also  keep  a registry 
of  all  warrants  redeemed  and  paid  during  the  year,  describ- 
ing such  warrants,  their  date,  amount,  number,  the  fund 
from  which  paid,  and  the  person  to  whom  paid,  specifying 
also  the  time  of  payment.  And  all  such  warrants  shall  be 
examined  by  the  city  council  at  the  time  of  making  such  re- 
port. 

238.  Special  funds.  All  moneys  on  any  special  as- 
sessment shall  be  held  by  the  treasurer  as  a special  fund, 
to  be  applied  to  the  payment  of  the  improvement  for  which 
the  assessment  w^as  made,  and  said  money  shall  be  used  for 
no  other  purpose  whatever. 

CITY  JUSTICE  OF  THE  PEACE. 

239.  Jurisdiction.  The  city  justice  of  the  peace  shall 
have  exclusive  original  jurisdiction  of  casres  arising  under 
or  by  reason  of  the  violation  of  any  city  ordinance,  and 
shall  have  the  same  powers  and  jurisdiction  as  justices  of 
the  peace  in  all  other  actions,  civil  and  criminal. 


36 


Statutory  Provisions. 


240.  Practice.  Appeals.  The  rules  of  practice  and 
mode  of  procedure  in  a city  justice’s  court  shall  be  the  same 
as  are  or  may  be  prescribed  by  law  for  justices’  courts  in 
like  cases,  except  as  herein  otherwise  expressly  provided. 
From  all  final  judg-ments  of  a city  justice’s  court  an  appeal 
may  be  taken  by  either  party  in  a civil  case,  or  by  the  de- 
fendant in  a criminal  case,  to  the  district  court  of  the  coun- 
ty, in  the  manner  provided  by  law  for  appeals  from  just- 
ices’ courts  in  similar  cases. 

241.  Jury  trial.  All  actions  before  a city  justice  aris- 
ing under  the  city  ordinances  shall  be  tried  and  determined 
by  such  justice  without  the  intervention  of  a jury,  except 
in  cases  where  imprisonment  for  a long-er  period  than  thirty 
days  is  made  a part  of  the  penalty,  or  where  the  maximum 
fine  may  exceed  fifty  dollars.  The  defendant  shall  demand 
a trial  by  jury  before  the  commencement  of  the  trial,  and 
when  such  a demand  shall  be  made  a jury  shall  be  impan- 
eled in  the  same  manner  as  provided  for  the  impaneling-  of 
a jury  in  other  justices’  courts. 

242.  Vacancies.  Disqualification.  Salary.  If  a 

vacancy  shall  occur  in  the  office  of  a city  justice,  the  may- 
or, by  and  with  the  consent  of  the  city  council,  shall  forth- 
with fill  such  vacancy  by  appointment  for  the  unexpired 
term.  The  person  so  appointed  shall  qualify  in  the  same 
manner  as  a city  justice,  and  shall  have  and  exercise  all  the 
powers  conferred  by  law  upon  a city  justice.  In  case  any 
city  justice  shall  for  any  reason  be  unable  or  disqualified  to 
perform  the  duties  of  his  office  or  shall  be  absent,  the  mayor 
shall  appoint  some  other  justice  of  the  peace  residing-  with- 
in the  county  to  act  as  city  justice  of  the  peace  pro  tern., 
and  he  shall  have  the  powers  and  discharge  the  duties  of 
such  city  justice  during  the  existence  of  such  disability  or 
absence  only,  in  the  same  manner  and  to  the  same  extent  as 
the  city  justice  might  have  done.  The  city  justice  shall  re- 
ceive such  salary  for  his  services  while  exercising  jurisdic- 
tion under  the  ordinances  and  by-laws  of  the  city  as  may  be 
prescribed  by  ordinance. 


Relative  to  Cities  and  Towns. 


37 


243.  Fines.  All  fines,  penalties,  and  forfeitures  for  the 
violation  of  any  city  ordinance  shall  be  paid  by  the  officer 
receiving’  the  same  to  the  city  treasurer. 

244.  Warrants,  to  Avliom  issued.  All  warrants  is- 
sued by  the  city  justice  for  the  violation  of  any  g-eneral 
law  of  the  state  or  ordinance  of  the  city  shall  run  to  the 
sheriff  or  any  constable  of  the  county,  or  to  the  marshal  or 
any  policeman  of  the  city. 

MARSHAL  AND  POLICE. 

245.  Chief  of  police.  Duties.  The  chief  of  police 
shall  in  the  discharg-e  of  his  duties  have  like  powers,  and  be 
subject  to  like  responsibility  as  sheriffs  and  constables  in 
similar  cases;  and  he  shall  suppress  riots,  disturbances,  and 
breaches  of  the  peace,  and  apprehend  all  persons  commit- 
ting- any  offense  ag-ainst  the  laws  of  the  state  or  the  ordi- 
nances of  the  city.  And  at  all  times  he  shall  dilig^ently  and 
faithfully  discharg-e  his  duties  and  enforce  all  ordinances 
and  reg-ulations  of  the  city  for  the  preservation  of  peace 
and  g-ood  order,  and  the  protection  of  the  rig-hts  and  pro- 
perty of  all  persons. 

246.  Police  officers.  Powers  aiul  duties.  All 

police  officers  of  any  city  shall  possess  the  powers  conferred 
upon  constables  by  law.  They  shall  execute  and  serve  all 
warrants,  process,  commitments,  and  all  writs  whatsoever, 
issued  by  the  city  justice  of  the  peace.  It  shall  be  the  duty 
of  the  police  force  in  any  city  at  all  times  to  preserve  the 
public  peace,  prevent  crime,  detect  and  arrest  offenders, 
suppress  riots,  protect  persons  and  property,  remove  nuis- 
ances existing-  in  the  public  streets,  roads,  hig-hways,  en- 
force every  law  relating-  to  the  suppression  of  offenses,  and 
perform  all  duties  enjoined  upon  them  by  ordinance. 

247.  Id.  Arrests.  The  several  members  of  the  police 
shall  have  power  and  authority  without  process  to  arrest 
and  take  into  custody  any  person  who  shall  commit  or 
threaten  or  attempt  to  commit  in  the  presence  of  such  offi- 


38 


Statutory  Provisions. 


cer,  or  within  his  view,  any  breach  of  the  peace  or  any  of- 
fense directly  prohibited  by  the  laws  of  this  state  or  by  any 
ordinance. 

248.  Marshal.  Duties.  In  cities  of  less  than  twelve 
thousand  inhabitants,  the  marshal  shall  be  ex-officio  chief 
of  police  and  shall  perform  the  duties  and  exercise  the  auth- 
ority thereof.  He  shall,  under  the  direction  of  the  council, 
direct  and  control  the  police  of  the  city,  and  whenever  the 
interests  of  the  city  demand,  by  and  with  the  consent  of  the 
mayor,  appoint  such  number  of  special  policemen  as  may 
be  required,  and  perform  such  other  duties  as  may  be  pre- 
scribed by  ordinance. 

249.  Bail  commissioners.  The  mayor  of  any  city 
in  this  state  may,  by  and  with  the  consent  of  the  city  coun- 
cil, appoint  from  among  the  officers  and  men  in  the  police 
department  of  said  city,  one  or  more  discreet  persons  to  be 
known  as  bb.il  commissioners,  who  shall  have  and  exercise 
all  the  powers  which  are  now  or  hereafter  may  be  conferred 
by  law  upon  justices  of  the  peace  in  respect  of  fixing  the 
bail  of  persons  arrested  for  misdemeanors  under  the  laws  of 
this  state  or  for  violation  of  the  city  ordinances,  and  taking 
and  approving  the  same;  frovided^  that  any  person  who 
has  been  ordered  by  any  such  bail  commissioners  to  give 
bail,  may  deposit  the  amount  thereof  in  money  with  such 
bail  commissioner. 

250.  Oatli  and  bond.  Commissioners  appointed  un- 
der this  title  shall  serve  at  the  pleasure  of  the  mayor.  They 
shall  receive  no  compensation,  and  before  entering  upon 
their  duties  as  such  commissioners,  shall  take  and  subscribe 
an  oath  to  faithfully  and  impartially  discharge  the  duties 
of  their  office,  and  shall  give  bond  to  the  city  wherein  they 
are  appointed  with  two  good  and  sufficient  sureties,  in  the 
sum  of  twenty-five  hundred  dollars,  conditioned  for  the 
faithful  performance  of  their  duties  as  such  commissioners, 
and  that  they  will  well  and  truly  account  for  and  turn  over 
to  the  treasurer  of  their  respective  cities  or  counties,  as  the 
case  may  require,  at  such  times  as  may  be  designated  by 


Relative  to  Cities  and  Towns. 


39 


the  city  council,  all  moneys,  bonds,  property,  and  records 
coming*  into  their  hands  as  snch  commissioners,  and  that  at 
the  expiration  of  their  term  of  office,  they  will  surrender 
and  turn  over  as  aforesaid  all  funds,  bonds,  property,  pa- 
pers, and  records  pertaining*  to  their  respective  offices,  then 
in  their  hands.  Suit  upon  any  such  bond  may  be  brougfht 
by  any  county,  city,  or  person  injured. 

251.  Id.  Filing.  The  oaths  of  office  and  bonds  of  said 
commissioners  shall  be  filed  with  the  city  recorders  of  their 
respective  cities. 

GENERAL  TAXES. 

252.  Fiscal  year.  The  fiscal  year  of  cities  shall  com- 
mence on  the  first  day  of  January. 

253.  Annual  tax.  During  the  month  of  July  of  each 
year,  the  city  council,  at  a regular  meeting  thereof,  shall, 
by  ordinance  or  resolution,  levy  on  the  real  and  personal 
property  within  the  city  made  taxable  by  law: 

1.  Not  to  exceed  five  mills  on  the  dollar  to  defray  con- 
tingent expenses. 

2.  Not  to  exceed  ten  mills  on  the  dollar  to  purchase 
water  sources,  streams,  and  the  land  upon  which  said 
streams  are  appropriated,  and  canals;  to  construct  water 
works,  and  to  supply  water  for  irrigation  and  other  pur- 
poses. 

3.  Not  to  exceed  five  mills  on  the  dollar  to  open,  im- 
prove and  repair  the  streets  and  sidewalks. 

4.  Not  to  exceed  five  mills  on  the  dollar  to  construct  and 
repair  sewers  and  drains. 

5.  Not  to  exceed  ten  mills  on  the  dollar  to  construct  and 
maintain  gas  works,  electric  light  works,  telephone  lines, 
street  railways,  or  bath  houses. 

Power  to  levy  taxes,  § 206,  sub.  3.  Street  tax,  § 206,  sub,  82.  Special  taxes  g-eiier- 
ally,  §§  255-282-  Special  or  local  taxes  for  water,  § 279, 

Where  defendant  lived  on  a farm  outside  the  city,  and  beyond  the  benefit  of  mu- 
nicipal expenditures,  an  act  of  the  leg-islature  subjecting-  hispropert3’  to  municipal 
taxation  was  not  rig-htful  legislation,  and  was  in  violation  of  the  constitution  of  the 
U.  S.,  amendijient  5,  providing  that  private  propert3'  shall  not  be  taken  for  public 
use  without  just  compensation.  People  v,  Daniels,  6 U.  288;  22  P,  159.  A municipal 


40 


Statutory  Provisions. 


corporation  which  is  a small  villag-e,  but  having  extensiv^e  limits,  cannot  tax  farm- 
ing lands  for  municipal  purposes  lying  within  the  corporate  limits,  but  outside  of 
the  platted  portion  of  the  city,  and  so  far  removed  from  the  settled  portion  of  the 
city  that  the  owner  will  receive  no  benefits  from  the  municipal  government,  affirm- 
ing Territory  v.  Daniels,  7 U.  288.  Ellison  v.  Linford,  7 U.  166;  25  P.  744.  In  a 
suit  brought  to  recover  the  value  of  property  seized  for  city  taxes  upon  lands  situ- 
ated one  mile  away  from  the  platted  portion  of  the  city,  but  where  a street  extend- 
ed past  the  land,  upon  which  work  had  been  done  as  far  as  the  plaintiff’s  premises, 
where  the  plaintiff  had  enjoyed  police  protection  and  some  municipal  benefits, 
held,  that  this  land  was  subject  to  city  taxation,  distinguishing  this  case  from  Peo- 
ple V.  Daniels,  6 U.  200.  Cook  v.  Crandall,  7 U.  344  ; 26  P.  927. 

254.  Certification  of  levy.  The  city  recorder  shall 
certify  the  ordinance  or  resolution  making-  the  levy  to  the 
county  auditor  or  clerk,  as  the  case  may  be,  immediately 
after  the  passag-e  of  the  same. 

SPECIAL  TAXES. 

255.  Local  improvements.  The  city  council  of 

each  city  in  the  state  of  Utah,  shall  have  the  following- 
powers:  To  lay  out,  establish,  open,  alter,  extend,  widen, 

and  improve  streets,  alleys,  avenues,  sidewalks,  parks,  and 
public  g-rounds,  and  vacate  the  same;  and  to  grade,  curb 
and  gutter,  park,  and  beautify,  or  otherwise  improve  and 
keep  in  good  repair,  or  cause  the  same  to  be  done  in  any 
manner  it  may  deem  proper,  any  park,  street,  avenue,  or 
alley  within  the  limits  of  the  city;  and  may  grade  partially 
or  to  the  established  grade  or  park,  or  otherwise  improve 
any  part  of  any  street,  avenue,  or  alley;  and  may  also  con- 
struct and  repair,  or  cause  and  compel  the  construction  and 
repair  of  sidewalks  in  such  city,  of  such  material  and  in 
such  manner  as  it  may  deem  proper. 

256.  Special  taxes.  Ordinary  repairs.  Paving 
districts.  To  defray,  or  cause  to  be  defrayed,  the  cost 
and  expense  of  such  improvements  or  any  of  them,  the  city 
council  shall  have  power  and  authority  to  levy  and  collect 
special  taxes  and  assessments  upon  the  blocks,  lots,  or  parts 
thereof,  and  pieces  of  ground  adjacent  to  or  abutting  upon 
the  street,  avenue,  alley,  or  sidewalk  thus  in  whole  or  in 
part  opened,  widened,  curbed  and  guttered,  graded,  parked, 
extended,  constructed,  or  otherwise  improved  or ’repaired. 


Relative  to  Cities  and  Towns. 


41 


or  which  may  be  especially  benefited  by  any  of  said  im- 
provements; provided^  that  the  above  provisions  shall  not 
apply  to  ordinary  repairs  of  streets  or  alleys,  and  that  one- 
half  of  the  expense  of  bring-ing"  streets,  avenues,  alleys,  or 
parts  thereof  to  the  established  grade  shall  be  paid  out  of 
the  general  fund  of  the  city;  and  such  council  shall  have 
power  to  pave,  repave,  or  macadamize  any  street  or  alley, 
or  part  thereof  in  the  city,  and  for  that  purpose  to  create 
suitable  paving  districts,  which  shall  be  consecutively  num- 
bered, such  work  to  be  done  under  contract. 

257.  Paving  taxes,  how  levied.  The  cost  of  pav- 
ing, macadamizing,  or  repaving  of  the  streets  and  alleys 
within  any  paving  district,  except  the  intersection  of  streets 
and  space  opposite  alleys  within  such  district,  shall  be  as- 
sessed upon  the  lots  and  lands  abutting  upon  the  streets 
and  alleys  in  such  district,  in  proportion  to  the  square  feet, 
or  feet  front,  or  both,  so  abutting  upon  such  streets  and 
alleys. 

258.  Id.  When  delinquent.  Collection.  Sup- 

plemental assessment.  The  assessments  of  special 
taxes  for  paving  purposes  herein  provided  for,  shall  be  made 
as  follows:  The  total  cost  of  the  improvements  shall  be 

levied  at  one  time  upon  the  property,  and  become  delin- 
quent as  herein  provided:  one-tenth  of  the  total  amount 
shall  be  delinquent  in  fifty  davs  after  such  levy,  one-tenth 
in  one  year,  one-tenth  in  two  years,  one-tenth  in  three  years, 
one-tenth  in  four  years,  one-tenth  in  five  years,  one-tenth 
in  six  3"ears,  one-tenth  in  seven  years,  one-tenth  in  eight 
years,  and  one-tenth  in  nine  years.  Each  of  said  install- 
ments, except  the  first,  shall  draw  interest  at  the  rate  of 
seven  per  cent  per  annum  from  the  time  of  levy  aforesaid 
until  the  same  shall  become  delinquent,  and  after  the  same 
shall  become  delinquent,  interest  at  the  rate  of  ten  per  cent 
per  annum ’shall  be  paid  thereon;  provided^  the  total  cost 
of  the  improvements  shall  become  delinquent  at  such  time 
and  in  such  installments,  or  the  entire  sum  at  one  time,  as 
the  city  council  of  such  city  may  prescribe;  but  such  entire 


42 


Statutory  Provisions. 


sum  shall  not  become  delinquent  in  less  a time  than  one 
year.  Such  taxes  shall  be  collected  and  enforced  as  in  other 
cases  of  special  taxes.  In  cases  of  omission,  errors,  or  mis- 
takes, in  making-  such  assessment  or  levy  in  respect  of  the 
total  cost  of  the  improvements,  or  deficiencies,  or  otherwise, 
it  shall  be  competent  for  the  council  to  make  a supplemental 
assessment  and  levy  to  supply  such  deficiencies,  omissions, 
errors,  or  mistakes. 

259.  Intersection.  Duties  of  railway  compan- 
ies. The  cost  of  paving-,  macadamizing,  or  repaving  the 
intersection  of  streets  and  spaces  opposite  alleys,  in  any 
paving  district  shall  be  paid  by  the  city  as  hereinafter  pro- 
vided; but  nothing  herein  contained  shall  be  construed  to 
exempt  any  street  railway  company  from  keeping  every 
portion  of  every  street,  avenue,  and  alley  used  by  it,  upon 
or  across  which  its  track  shall  be  constructed  at  or  near  the 
grade  of  such  streets  in  good  and  safe  condition  for  public 
travel,  but  it  shall  keep  the  same  planked,  paved,  macadam- 
ized, or  otherwise  in  such  condition  for  public  travel  as  the 
city  council  of  such  city  may  from  time  to  time  direct,  keep- 
ing the  plank,  pavement,  or  other  surface  of  the  street  or 
alley  level  with  the  top  of  the  rails  of  the  track  of  such 
street  railway.  The  portions  of  the  streets  or  alleys  to  be 
so  kept  and  maintained  by  all  such  street  railway  companies 
shall  include  all  the  space  between  its  different  rails  and 
tracks  and  also  a space  outside  of  the  outer  rail  of  each 
outside  track  of  at  least  two  feet  in  width,  and  the  tracks 
herein  referred  to  shall  include  not  only  the  main  tracks  but 
also  all  side  tracks,  crossings,  and  turnouts  constructed  for 
the  use  of  such  street  railways. 

260.  District  paving  bonds.  For  the  purpose  of 

paying  the  cost  of  paving,  macadamizing,  or  repaving  the 
streets  and  alleys  in  any  paving  district,  exclusive  of  the 
intersections  of  streets  and  spaces  opposite  alleys  therein, 
the  council  shall  have  power,  and  may  by  ordinance  cause 
to  be  issued  bonds  of  the  city,  to  be  called  “district  paving 
bonds  of  district  number ,”  payable  in  not  exceeding 


Relative  to  Cities  and  Towns. 


43 


ten  years  from  date,  and  to  bear  interest,  payable  annually, 
not  exceeding-  the  rate  of  six  per  cent  per  annum,  and  in 
such  case  shall  also  provide  that  said  special  taxes  and  as- 
sessments shall  constitute  a sinking-  fund  for  the  payment 
of  said  bonds  and  interest,  and  said  bonds  shall  not  be  sold 
for  less  than  their  par  value;  provided^  that  the  entire  cost 
of  paving-,  repaving-,  or  macadamizing-  any  such  streets, 
avenues,  or  alleys,  properly  charg-eable  to  any  blocks,  lots 
of  lands,  or  parts  thereof,  within  any  such  paving-  district 
may  be  paid  by  the  owner  of  such  lots  or  lands  within  fifty 
days  from  the  levy  of  such  special  taxes  and  thereupon 
such  lots  or  lands  shall  be  exempt  from  any  lien  or  charg-e 
therefor. 

261.  City  paving  bonds.  Whenever  the  council 
deems  it  expedient,  it  shall  have  power,  for  the  purpose  of 
paving-  the  cost  of  paving-,  repaving-,  or  macadamizing-  the 
intersection  of  streets  and  spaces  opposite  alleys  in  the  city, 
to  issue  bonds  of  the  city,  to  run  not  moe  rthan  twenty 
years,  and  to  bear  interest  payable  semi-annually  at  a rate 
not  exceeding-  six  per  cent  per  annum,  to  be  called  “p^-ving- 
bonds,”  and  which  shall  not  be  sold  for  less  than  their  par 
value,  and  the  proceeds  of  which  shall  be  used  for  no  other 
purpose  than  paying-  the  cost  of  paving-,  repaving-,  or  mac- 
adamizing- the  intersections  of  streets  and  alleys  in  the  city; 
frovided^  that  the  ag-g-reg-ate  amount  of  such  bonds  issued  in 
any  one  year  shall  not  exceed  the  sum  of  one  hundred  thous- 
and dollars;  and  if  in  any  such  city  there  shall  be  any  real  es- 
tate not  subject  to  assessment  of  special  taxes  for  paving- 
purposes,  the  council  shall  have  the  power  to  pave  in  front  of 
the  same  and  to  pay  the  cost  thereof  that  would  otherwise 
be  charg-eable  on  such  real  estate,  in  the  same  manner  as 
herein  provided  for  the  paving-  of  intersections  of  streets  and 
paying-  therefor.  The  word  “lot”  as  in  this  chapter  used 
shall  be  taken  to  mean  any  subdivided  real  estate.  The 
word  “lands”  shall  mean  any  subdivided  real  estate.  The 
word  “street”  shall  be  deemed  to  include  boulevard  and  av- 


enue. 


44 


Statutoky  Provisions. 


262  Special  tax  according  to  benefits  accru- 
ing'. If  the  lots  and  real  estate  abutting  upon  that  part  of 
the  street  ordered  paved,  repaved,  or  macadamized  as  shown 
upon  any  recorded  plat  or  map  are  not  of  uniform  depth,  or 
if  for  any  other  reason  it  shall  appear  just  and  proper  to  the 
council,  the  council  is  authorized  and  empowered  to  deter- 
mine and  establish  the  depth  to  which  the  real  estate  shall 
be  charged  and  assessed  with  the  cost  of  the  improvement, 
and  such  depth  shall  be  determined  and  established  accord- 
ing to  the  benefits  accruing  to  the  property  by  reason  of  the 
improvement.  The  council  shall  include  in  the  paving  dis- 
trict all  the  real  estate  to  be  benefited  by  such  improve- 
ment, and  shall  cause  it  to  be  charged  and  assessed  with  the 
cost  of  such  paving  or  improvement  as  in  this  chapter  here- 
inafter provided.  The  provisions  of  this  chapter  in  regard 
to  the  depth  to  which  real  estate  may  be  charged  and  as- 
sessed, shall  apply  to  all  special  taxes  that  may  be  levied, 
except  for  sidewalk,  in  proportion  to  the  front  or  square 
feet. 

263.  District,  curbing,  and  guttering  bonds. 

Whenever  curbing,  or  curbing  and  guttering,  is  done  up- 
on any  street  or  avenue  in  any  paving  district  in  which  pav- 
ing has  been  ordered,  and  the  council  shall  deem  expedient 
so  to  do,  it  shall  have  power  and  authority,  for  the  purpose 
of  paying  the  cost  of  such  curbing  and  guttering,  to  cause 
to  be  issued  bonds  of  the  city,  to  be  called  “curbing  and 

guttering  bonds  of  paving  district  number ,”  payable 

in  not  exceeding  ten  years  from  date,  and  to  bear  interest 
payable  annually,  not  exceeding  the  rate  of  six  per  cent  per 
annum,  and  in  such  case,  shall  assess  at  one  time  the  total 
cost  of  such  curbing  and  guttering,  or  curbing  as  the  case 
may  be,  upon  the  property  abutting  or  adjacent  to  the  por- 
tion of  the  street  or  avenue  so  improved,  according  to  spe- 
cial benefits;  such  assessment  to  become  delinquent  the  same 
as  the  assessment  of  special  taxes  for  paving  purposes,  and 
to  draw  the  same  rate  of  interest  and  be  subject  to  the  same 
penalties,  and  may  be  paid  in  the  same  manner  as  special 
taxes  for  paving  purposes;  and  the  special  taxes  so  assessed 


ReIvATive  to  Cities  and  Towns. 


45 


shall  constitute  a sinking-  fund  for  the  payment  of  said  bonds 
and  interest,  and  said  bonds  shall  not  be  sold  for  less  than 
their  par  value. 

264.  Errors  not  to  avoid  tax.  Action  to  recover. 

No  such  special  tax  shall  be  declared  void,  nor  shall  any 
such  assessment  or  part  thereof,  be  set  aside  in  consequence 
of  any  error  or  irregularity  committed  or  appearing  in  any 
of  the  proceedings  under  this  chapter;  but  any  party  feel- 
ing aggrieved  by  any  such  special  tax,  assessment,  or  pro- 
ceeding may  pay  the  said  special  taxes  assessed  or  levied 
upon  his  property  or  such  installments  thereof  as  may  be 
due,  at  any  time  before  the  same  shall  become  delinquent 
under  protest,  and  with  notice  in  writing  to  the  city  treas- 
urer that  he  intends  to  sue  to  recover  the  same,  which  no- 
tice shall  particularly  state  the  alleged  grievance  and 
ground  thereof,  whereupon  such  party  shall  have  the  right 
to  bring  a civil  action  within  sixty  days  thereafter,  and  not 
later,  to  recover  so  much  of  the  special  taxes  paid  as  he 
shall  show  to  be  illegal,  inequitable,  and  unjust,  the  cost  to 
follow  the  judgment  to  be  apportioned  by  the  court  as  may 
seem  proper,  which  remedy  shall  be  exclusive.  The  city 
treasurer  shall  promptly  report  all  such  notices  to  the  citv 
council  for  such  action  as  may  be  proper.  No  court  shall 
entertain  any  complaint  that  the  party  was  authorized  to 
make,  and  did  not  make,  to  the  city  council  sitting  as  a 
board  of  equalization,  nor  any  complaint  not  specified  in 
said  notice  fully  enough  to  advise  the  city  of  the  exact  na- 
ture thereof;  nor  any  complaint  that  does  not  go  to  the 
groundwork,  equity,  and  justice  of  the  tax.  The  burden  of 
proof  to  show  such  tax  or  part  thereof  invalid,  inequitable, 
or  unjust,  shall  rest  upon  the  party  who  brings  such  suit. 

265.  Equalization.  Whenever  the  city  council  shall 
levy  any  tax  under  the  provisions  of  this  chapter,  it  shall 
appoint  a board  of  equalization  and  review,  to  consist  of 
five  of  its  members,  which  said  board  shall,  upon  the  com- 
pletion of  the  lists  of  the  property  in  any  of  the  districts 
taxed,  give  public  notice  of  the  completion  of  such  lists. 


46 


Statutory  Provisions. 


Such  notice  shall  state  the  time  and  place  of  meeting-  of 
said  board  and  the  same  shall  be  during-  the  usual  business 
hours  and  for  not  less  than  five  consecutive  days,  and,  dur- 
ing- the  time  specified  said  lists  shall  be  open  to  public  in- 
spection; and  any  person  feeling-  ag-g-rieved  shall  have  a 
hearing-,  and  it  shall  have  authority  to  make  corrections  of 
any  tax  deemed  unequal  or  unjust. 

266.  Railways  to  pave  and  repair.  All  horse, 
cable,  steam,  electric  or  other  railway  companies  now  ex- 
isting- or  hereafter  created  in  any  city  already  incorporated 
or  hereafter  org-anized  shall  be  required  to  pave  or  repave 
at  their  own  cost  all  the  space  between  their  different  rails 
and  tracks  and  also  a space  two  feet  wide  outside  of  the 
outer  rails  of  the  outside  tracks,  and  the  tracks  herein  re- 
ferred to  shall  include  not  only  the  main  tracks  but  also  all 
side  tracks,  crossing-s,  and  turnouts  used  by  such  companies. 
Where  two  or  more  companies  occupy  the  same  street  or 
alley  with  separate  tracks,  then  each  company  shall  be  re- 
sponsible for  its  proportion  of  the  surface  of  the  street  or 
alley  occupied  by  all  the  parallel  tracks  as  herein  provided. 
Such  paving-  or  repaving-  by  such  railway  companies  shall 
be  done  at  the  same  time  and  shall  be  of  the  same  material 
and  character  as  the  paving-  or  repaving-  of  the  streets  or 
alleys  upon  which  said  railway  track  or  tracks  is  located, 
unless  other  material  be  specially  ordered  by  the  city  council 
or  board  of  public  works.  Such  railway  companies  shall  be 
required  to  keep  that  portion  of  the  street  which  they  are 
herein  required  to  pave  or  repave  in  g-ood  and  proper  repair, 
using-  for  said  purpose  the  same  material  as  the  street  upon 
which  the  track  or  tracks  are  laid  at  the  point  of  repair  or 
such  other  material  as  the  city  council  or  board  of  public 
works  may  require  and  order;  and  as  streets  are  hereafter 
paved,  or  repaved,  street  railway  companies  shall  be  re- 
quired to  lay,  in  the  best  approved  manner,  a rail  to  be  ap- 
proved by  the  city  council  or  the  board  of  public  works. 
The  tracks  of  railway  companies,  when  located  upon  the 
streets  or  avenues  of  the  city  shall  be  kept  in  repair  and 


Relative  to  Cities  and  Towns. 


47 


safe  in  all  respects  for  the  use  of  the  traveling-  public,  and 
said  companies  shall  be  liable  for  all  damag-es  resulting-  by 
reason  of  neg-lect  to  keep  such  tracks  in  repair,  or  for  ob- 
structing the  streets  or  avenues  of  such  city.  For  injuries 
to  persons  or  property  arising  from  the  failure  of  such  com- 
pany to  keep  its  tracks  in  proper  repair  and  free  from  ob- 
structions, such  company  shall  be  liable  and  the  city  shall 
be  exempt  from  liability.  The  word  “companies”  as  used 
in  this  chapter  shall  be  taken  to  mean  and  include  any  per- 
sons, companies,  corporations,  or  associations  owning  or 
operating  any  street  or  other  railway  in  any  such  city. 

267.  Id.  Levy  on  railroad.  In  the  event  of  the 
refusal  of  such  company  to  pave,  repave,  or  repair  as  re- 
quired in  the  foregoing  sections,  when  so  directed  by  the 
council,  upon  the  paving  or  repaving  of  any  street  upon 
which  their  track  is  laid,  the  council  shall  have  power  to 
pave,  repave,  or  repair  the  same,  and  the  cost  and  expense 
of  such  paving,  repaving  ar  repairing  may  be  collected  by 
levy  and  sale  of  any  property  of  said  street  railway  company 
in  the  same  manner  as  special  taxes  are  now  or  may  be  col- 
lected. Special  taxes  for  the  purpose  of  paying  the  cost  of 
any  such  paving  or  repaving,  macadamizing,  or  repairing 
of  any  such  street  railway,  may  be  levied  upon  the  track, 
including  ties,  iron,  roadbed,  right  of  way,  side-tracks,  and 
appurtenances,  including  buildings  and  real  estate  belong- 
ing to  any  such  company  or  person  and  used  for  the  purpose 
of  such  street  railway  business,  all  as  one  property;  or  upon 
such  parts  of  such  track,  appurtenances,  and  property,  or 
any  part  thereof,  as  may  be  within  the  district  paved,  re- 
paved, macadamized,  or  repaired,  and  shall  be  a lien  upon 
the  property  levied  upon  from  the  time  of  the  levy  until 
satisfied.  No  mortgage,  conveyance,  pledge,  transfer,  or 
incumbrance  of  any  such  property  or  of  any  rolling  stock  or 
personal  property  of  any  such  company,  created  or  suffered 
by  a company,  after  the  time  when  any  street  or  part  there- 
of upon  which  any  street  railway  shall  have  been  laid,  shall 
have  been  ordered  paved,  repaved,  macadamized,  or  repair- 


48 


Statutory  Provisions. 


shall  be  made  or  suffered  except  subject  to  the  lien  of 
such  special  taxes,  if  such  levy  be  in  contemplation. 

268.  Seizure  and  sale.  The  city  treasurer  shall  have 
the  power  and  authority  to  seize  any  personal  property  be- 
long-ing  to  any  such  person  or  company  for  the  satisfaction 
of  any  such  special  taxes  when  delinquent,  and  to  sell  the 
same  upon  advertisement  and  in  the  same  manner  as  con- 
stables are  now  or  may  be  authorized  to  sell  personal  prop- 
erty, upon  execution  at  law;  but  failure  so  to  do,  shall  in  no 
wise  affect  or  impair  the  lien  of  the  tax  or  any  proceeding- 
allowed  by  law  for  the  enforcement  thereof.  The  railroad 
track  or  any  other  property  upon  which  such  special  taxes 
shall  be  levied,  or  so  much  thereof  as  may  be  necessary,  may 
be  sold  for  the  payment  of  such  special  taxes  in  the  same 
manner  and  with  the  same  effect  as  real  estate  upon  which 
such  special  taxes  may  be  levied,  may  be  sold. 

269.  Action  against  railway.  Defense.  It  shall 

also  be  competent  for  an}^  such  city  to  bring  a civil  action 
ag-ainst  any  party  owning  or  operating  any  such  street  rail- 
way, and  liable  to  pay  said  taxes,  to  recover  the  amount 
thereof,  or  any  part  thereof  delinquent  and  unpaid,  in  any 
court  having  jurisdiction  of  the  amount,  and  obtain  judg- 
ment and  have  execution  thereof,  and  no  property,  real  or 
personal,  shall  be  exempt  from  any  such  provided^ 

that  real  estate  shall  not  be  levied  upon  by  execution  except 
by  execution  out  of  the  district  court  on  the  judgment 
therein,  or  transcript  of  judgment  filed  therein,  as  is  now 
or  hereafter  may  be  provided  by  law.  No  defense  shall  be 
allowed  in  any  such  civil  action  except  such  as  goes  to  the 
groundwork,  equity,  and  justice  of  the  tax,  and  the  burden 
of  proof  shall  rest  upon  the  party  assailing  the  tax.  In 
case  part  of  such  special  tax  shall  be  shown  to  be  invalid, 
unjust,  or  inequitable,  judgment  shall  be  rendered  for  such 
amount  as  is  just  and  equitable. 

270.  Railway  tax  payable  in  instalments.  It 
shall  be  competent  for  the  council,  upon  the  written  appli- 
cation of  any  company,  or  persons  owning  any  such  street 


Relative  to  Cities  and  Towns. 


49 


railway,  to  provide  that  such  special  taxes  shall  become  de- 
linquent and  be  payable  in  instalments,  as  in  case  of  taxes 
levied  upon  abutting-  real  estate  as  hereinafter  provided, 
but  such  application  shall  be  taken  and  deemed  a waiver  of 
any  and  all  objections  to  such  taxes  and  the  validity  there- 
of. Such  application  shall  be  made  at  or  before  the  final  levy 
of  such  taxes.  The  provision  of  this  chapter  in  regard  to 
the  levy,  collection,  and  enforcement  of  special  taxes  to  pay 
the  costs  of  paving,  repaving,  macadamizing,  or  repairing 
between  the  rails  of  street  railways  shall  apply  to  such  spe- 
cial taxes  hereafter  levied. 

271.  Water,  gas,  and  sewer  coiinection.  The 
council  shall  have  power,  in  any  paving  district,  and  it  shall 
be  its  duty  before  the  work  of  paving  or  repaving  is  done 
therein,  to  require  water,  gas,  and  sewer  connections  to  be 
made  under  such  regulations  and  at  such  distances  from  the 
street  mains  to  the  line  of  the  property  abutting  upon  the 
street  ordered  paved  or  repaved  as  may  be  prescribed  by  or- 
dinance, and  shall  require  that  such  waterpipe  connections 
may  be  made  by  any  waterworks  company  owning  the 
waterpipe  main,  and  that  such  gaspipe  connections  may  be 
made  by  any  gaspipe  company  owning  the  gaspipe  main. 
And  upon  neglect  or  failure  of  the  water  or  gas  companies 
to  do  the  same,  the  city  council  or  board  of  public  works 
may  cause  the  same  to  be  done,  and  the  cost  thereof  shall 
be  deducted  from  any  indebtedness  of  the  city  to  such  com- 
panies, and  no  bills  shall  be  paid  to  the  said  companies  by 
the  city  until  all  such  expense  for  pipe  laying  shall  have 
been  liquidated.  The  council  shall  have  power,  at  any 
time,  to  assess  the  cost  of  any  sewer  connections  and  also  of 
any  water  connections  when  the  city  owns  the  water  and 
waterpipe  main  upon  the  property  opposite  such  connec- 
tions, and  to  such  depth  as  the  council  shall  deem  just  and 
equitable. 

272.  Limit  of  bonded  indebtedness.  Nothing  in 
this  chapter  shall  be  construed  or  held  to  authorize  any  city 


50 


Statutory  Provisions.* 


to  issue  bonds  of  the  city,  either  as  district  bonds,  for  pav- 
ing the  streets,  or  for  paving  said  street  intersections,  or 
spaces  opposite  alleys  in  said  city,  or  for  any  purpose  what- 
ever to  any  amount  beyond  that  fixed  as  the  limit  of  the 
bonded  indebtedness  of  said  city  by  law. 

273.  Notice  of  intention  to  tax.  In  all  cases  before 
the  levy  of  any  taxes  for  any  improvements  provided  for  in 
this  chapter  the  city  council  shall  give  notice  of  intention 
to  levy  such  taxes,  naming  the  purposes  for  which  the  taxes 
are  to  be  levied,  which  notice  shall  be  published  at  least 
twenty  days  in  a newspaper  published  within  such  city. 
Such  notice  shall  describe  the  improvements,  so  proposed, 
the  boundaries  of  the  district  to  be  affected  or  ben- 
efited by  such  improvements,  the  estimated  cost 
of  such  improvements,  and  designate  a time  when  the 
council  will  consider  the  proposed  levy.  If  at  or  before  the 
time  so  fixed,  written  objections  to  such  improvements 
signed  by  the  owners  of  one-half  of  the  front  feet  abutting 
upon  that  portion  of  the  street,  lane,  avenue,  or  alley  to  be 
so  improved  be  not  filed  with  the  recorder,  the  council  shall 
be  deemed  to  have  acquired  jurisdiction  to  order  the  mak- 
ing of  such  improvements. 

274.  Tax  to  be  equitable.  How  levied.  All  spe- 
cial taxes  to  cover  the  cost  of  any  public  improvement  here- 
in authorized  shall  be  levied  and  assessed  on  all  blocks,  lots, 
parts  of  blocks  and  lots,  lands,  and  real  estate  bounding, 
abutting,  or  adjacent  to  such  improvement  or  within  the 
districts  created  for  the  purpose  of  making  such  improve- 
ment, to  the  extent  of  the  benefits  to  such  lots,  parts  of 
lots,  lands,  and  real  estate  by  reason  of  such  improvement; 
such  benefits  to  be  equal  and  uniform.  Such  assessments 
may  be  according  to  the  square  foot  or  foot  frontage,  and 
may  be  prorated  and  scaled  back  from  the  line  of  such  im- 
provement and  an  allowance  made  for  corner  lots  so  'that 
they  shall  not  be  assessed  at  full  rate  on  both  streets,  ac- 
cording to  such  rules  as  the  council  shall  consider  fair  and 
equitable;  and  all  such  assessment  and  finding  of  benefits 


Relative  to  Cities  and  Towns. 


51 


shall  not  be  subject  to  review  in  any  leg'al  or  equitable 
action,  except  for  fraud,  gross  injustice,  or  mistake;  provi- 
ded^ that  when  any  public  improvement  shall  extend  into 
or  through  any  undivided  tract  or  parcel,  or  parcels,  of 
land,  said  taxes  shall  be  levied  so  as  not  to  be  charged 
against  real  estate  adjoining  such  improvement  for  a greater 
depth  than  the  average  distance  through  the  subdivided 
real  estate  to  be  taxed  for  said  purpose. 

275.  Description  in  levy.  It  shall  be  sufficient,  in 
any  case,  in  making  a levy  or  assessment  of  any  tax,  to  de- 
scribe the  lot  or  piece  of  ground  as  the  same  is  platted  and 
recorded,  although  the  same  may  belong  to  several  persons; 
but  in  case  any  lot  or  piece  of  ground  belongs  to  different 
persons,  the  owner  of  any  part  thereof  may  pay  his  propor- 
tion of  the  tax  on  such  lot  or  piece  of  ground,  and  his  pro- 
per share  may  be  determined  by  the  city  treasurer. 

276.  Total  cost  in  one  levy.  The  cost  and  expense 
of  grading,  filling,  culverting,  curbing,  guttering,  or  other- 
wise improving,  constructing,  or  repairing  streets,  avenues, 
alleys,and  sidewalks  at  their  intersections, may  be  included  in 
the  special  tax  levied  for  the  construction  or  improvement 
of  any  one  street,  avenue,  alley,  or  sidewalk,  as  may  be 
deemed  best  by  the  'council. 

277.  When  levied.  Special  taxes  may  be  levied  as 
the  improvements  are  completed  in  front  of,  or  along,  or 
upon  any  block,  or  lot  or  part  thereof,  or  piece  of  ground, 
or  at  the  time  the  improvement  is  entirely  completed,  or 
otherwise,  as  shall  be  provided  in  the  ordinance  levying  the 
tax. 

278.  Notice  of  delinquency.  When  any  special  tax 
is  levied  it  shall  be  the  duty  of  the  city  recorder  to  deliver 
to  the  city  treasurer  a certified  copy  of  the  ordinance  levying 
such  tax,  and  such  treasurer  shall  without  delay  give  at 
least  five  days’  notice  in  one  or  more  newspapers  having 
general  circulation  in  said  city,  of  the  time  when  such  tax 
will  become  delinquent. 


52 


Statutory  Provisions. 


279.  Special  tax  for  other  purposes.  Special  or 
local  taxes  may  be  levied  by  the  council  for  the  purpose  of 
constructing-,  reconstructing-,  extending-,  or  maintaining- 
waterworks,  reservoirs,  canals,  and  ditches,  laying-  pipes 
and  mains,  erecting-  hydrants,  and  keeping-  the  same  in  re^ 
pair;  for  the  purpose  of  supplying  water  for  domestic  and 
irrigating  purposes,  or  either,  and  for  the  purpose  of  regu- 
lating, controlling  and  distributing  the  same,  and 
for  the  purpose  of  regulating  and  controlling  water 
and  water  courses  leading  into  the  city;  for  construct- 
ing and  maintaining  gas,  electric,  or  other  plants  for  illu- 
mination, and  the  necessary  means  and  cost  of  distribution; 
and  for  constructing,  extending,  and  repairing  sewers  and 
drains;  such  taxes  to  be  levied  on  the  real  estate  lying  and 
being  within  the  district  in  which  such  improvements  may 
be  made,  or  for  the  benefit  of  which  such  taxes  are  to  be 
expended,  to  the  extent  of  the  benefits  to  such  property,  by 
reason  of  such  improvement  or  expenditure,  the  benefits  to 
such  property  to  be  determined  by  the  council;  provided^ 
that  in  cases  where  the  council  shall  find  such  benefits  to 
be  equal  and  uniform,  such  levy  may  be  according  to  the 
front  feet  or  square  feet  of  lots  or  real  estate  within  said 
district  benefited  by  such  improvement  or  expenditure,  and 
all  taxes  or  assessments  made  for  such  purposes,  shall  be  col- 
lected in  the  same  manner  as  other  special  assessments,  and 
shall  be  subject  to  the  same  penalty;  provided^  that  a tax 
levied  for  supplying  water  for  irrigation  and  for  distribut- 
ing and  regulating  the  same,  may  be  levied  on  real  estate 
according  to  the  amount  of  water  used  thereon,  or  may  be 
levied  as  an  acreage  tax. 

280.  Repairs.  The  foregoing  provisions  of  this  chap- 
ter shall  apply  to  the  repaving  of  streets  and  sidewalks,  but 
not  to  repairs  thereon.  The  council  shall,  by  ordinance, 
define  what  constitutes  repaving,  what  repairs,  and  what 
extraordinary  repairs.  The  cost  of  ordinary  repairs  shall 
be  borne  by  the  city;  and  the  council  may  levy  and  collect 
special  taxes  upon  the  abutting  property  for  the  purpose  of 


Relative  to  Cities  and  Towns, 


53 


defraying^  the  cost  of  repairs  defined  to  be  extraordinary 
without  previous  notice  of  . intention,  or  any  right  of  the 
property  owners  to  protest.  The  right  of  protest  shall  not 
exist  in  cases  where,  for  any  reason,  any  part  of  a street  or 
sidewalk  lying  within  a paving  district  or  any  extension 
thereof,  shall  not  have  been  paved  when  the  remainder  of 
such  district  or  extension  was  paved,  and  the  council  shall 
afterward  levy  a tax  upon  the  abutting  property  for  the 
pavement  of  the  same. 

281.  Special  assessments  a lien.  Special  assess- 
ments made  and  levied  to  defray  the  cost  and  expenses  of  any 
work  contemplated  by  the  provisions  of  this  chapter  and  the 
cost  of  collection  thereof,  shall  constitute  a lien  upon  and 
against  the  property  upon  which  such  assessment  is  made 
and  levied,  from  and  after  the  date  thereof,  and  such  as- 
sessments shall  be  collected  in  the  manner  prescribed  by 
ordinance. 

282.  Change  of  grade.  Damages.  Whenever  by 
the  grading  of  any  street,  alley,  or  other  public  ground  in 
a city,  pursuant  to  the  action  of  the  city  authorities  in 
changing  the  established  grade  of  such  street,  alley,  or 
public  ground,  after  valuable  improvements  have  been  made 
upon  real  property  abutting  theron,  such  real  property  is 
injured  or  diminished  in  value,  the  owner  of  such  real  pro- 
perty or  improvements  may  recover  from  such  city  the 
amount  of  such  damages  or  diminution  in  value  in  a civil 
action  brought  for  that  purpose.  This  section  shall  be  held 
to  cover  and  apply  to  all  cases  wherein  a change  of  estab- 
lished grades  of  streets,  alleys,  or  public  grounds  may  have 
been  heretofore  determined  upon,  but  has  not  been  carried 
into  actual  effect. 

EXTENSION  OF  CORPORATE  LIMITS. 

287.  Petition.  Proceedings.  Whenever  a majority 
of  the  owners  of  real  property  of  any  territory  lying  contig- 
uous to  the  corporate  limits  of  any  city  shall  desire 


54 


Statutory  Provisions. 


to  annex  such  territory  to  any  city,  they  shall  cause  an  ac- 
curate plat  or  map  of  the  said  territory  to  be  made  under 
the  supervision  of  the  city  engineer,  or  of  a competent  sur- 
veyor, and  a copy  of  said  plat  or  map,  certified  by  said  en- 
gineer or  surveyor,  as  the  case  may  be,  shall  be  filed  in  the 
office  of  the  recorder  of  the  city,  together  with  a petition  in 
writing,  signed  by  a majority  of  the  real  property  owners 
of  the  property  described  in  said  plat;  and  the  city  council, 
at  the  next  regular  meeting  thereof,  shall  vote  upon  the 
question  of  such  annexation.  If  two-thirds  of  all  the  mem- 
bers of  the  council  vote  for  such  annexation,  an  ordinance 
shall  be  prepared  and  passed,  declaring  the  annexation  of 
said  territory  and  the  extension  of  the  limits  of  said  city  ac- 
cordingly. A copy  of  the  map  or  plat  hereinbefore  referred 
to,  duly  certified  and  acknowledged  as  provided  by  law  in 
such  cases,  shall  at  once  be  filed  in  the  office  of  the  recorder 
of  the  proper  county  together  with  a certified  copy  of  the  or- 
dinance declaring  such  annexation,  and  thereupon  such  an- 
nexation shall  be  dee>med  complete,  and  the  said  territory 
shall  be  deemed  and  held  to  be  a part  of  said  original  city, 
and  the  inhabitants  thereof  shall  thereafter  enjoy  the  pri- 
vileges and  benefits  of  such  annexation  and  be  subject  to  the 
ordinances  and  regulations  of  said  city. 

; RESTRICTION  OF  CORPORATE  LIMITS. 

288.  Petition.  Proceedings.  Whenever  a majority 
of  the  real  property  owners  of  any  territory  within  and  ly- 
ing upon  the  borders  of  any  city,  shall  file  with  the  clerk  of 
the  district  court  of  the  county  in  which  such  territory  lies, 
a petition  praying  that  such  territory  be  disconnected 
therefrom,  and  such  petition  sets  forth  reasons  . why 
such  territory  should  be  so  disconnected  from  such  city,  and 
is  accompanied  with  a map  or  plat  of  the  territory  sought 
to  be  disconnected,  and  designates  no  more  than  five  per- 
sons who  are  empowered  to  act  for  said  petitioners  in  such 
proceedings,  such  court  shall  cause  a notice  of  the  filing  of 
the  same  to  be  served  upon  said  city,  in  the  same  manner 


Relative  to  Cities  and  Towns. 


55 


as  a summons  in  a civil  action,  and  shall  also  cause  notice 
to  be  published  in  some  newspaper  having-  g-eneral  circula- 
tion in  such  city,  for  a period  of  ten  days.  Issue  shall  be 
joined  and  the  cause  tried  as  provided  for  the  trial  of  civil 
causes,  as  nearly  as  may  be.  The  proper  authorities  of  such 
city  or  any  person  interested  in  the  subject  matter  of  said 
petition,  may  appear  and  contest  the  g-ranting-  of  the  same. 

289.  Adjustment  of  terms.  If  the  court  finds  that 
the  petition  was  sig-ned  by  a majority  of  the  real  property 
owners  of  the  territory  concerned,  and  that  the  alleg-ations 
of  the  petition  are  true,  and  that  justice  and  equity  require 
that  such  territory  or  any  part  thereof  should  be  discon- 
nected from  such  city,  it  shall  appoint  three  disinterested 
persons  as  commissioners,  to  adjust  the  terms  upon  which 
such  part  shall  be  so  severed  as  to  any  liabilities  of  such 
city  that  have  accrued  during-  the  connection  of  such  part 
with  the  corporation,  and  as  to  the  mutual  property  rig-hts 
of  the  city  and  the  territory  to  be  detached. 

290.  Report  of  commisioiiers.  Decree.  The 

commissioners  shall,  at  a time  by  them  fixed,  hear  the 
ag-ents  named  in  the  petition,  and  also  the  proper  author- 
ities of  the  city  in  reg-ard  to  the  subject  matter  so  submit- 
ted, and,  as  soon  as  practicable,  report  their  finding-s  in  the 
premises  to  the  court.  Upon  the  filing- of  which  report,  the 
court  shall  decree  in  accordance  therewith,  and  with  the 
prayer  of  the  petition,  unless  for  g-ood  cause  shown,  the 
court  shall  modify  the  same,  or  shall  reject  or  set  aside  the 
report  and  appoint  new  commissioners,  and  continue  the 
cause  for  further  action  to  be  had  thereon. 

291.  Court  may  levy  taxes.  The  court  shall  have 
power  to  order  such  taxes  levied  from  time  to  time  on  the 
property  included  within  the  detached  territory,  as  may  be 
requisite  for  the  purpose  of  paying  its  just  proportion  of  the 
municipal  oblig-ations;  the  board  of  county  commissioners 
shall  levy  such  taxes  under  the  direction  of  the  court,  and 
the  same  shall  be  collected  by  the  county  treasurer  as  other 
taxes. 


56 


Statutory  Provisions. 


292.  Recording  decree.  Costs.  Upon  the  entering 
of  a decree  detaching  said  territory,  or  any  part  thereof,  the 
clerk  shall  file  a certified  copy  of  the  same  and  of  the  plat, 
in  the  office  of  the  recorder  of  the  county  and  in  the  office  of 
the  secretar}^  of  state;  and  when  so  filed,  the  severance  shall 
be  complete.  Each  party  shall  pay  its  own  witnesses,  and 
the  petitioners  shall  pay  all  other  costs. 

BONDING  FOR  WATER,  LIGHT,  OR  SEWERS. 

308.  City  or  town  may  incur  indebtedness  for 
supplying  water,  etc.  Any  city  or  town  in  this  state 
is  hereby  authorized  to  incur  an  indebtedness  not  exceed- 
ing four  per  cent  of  the  value  of  the  taxable  property  there- 
in, for  the  purpose  of  supplying  such  city  or  town  with 
water,  artificial  light,  or  sewers,  when  the  works  for  sup- 
plying such  water,  light,  and  sewers  shall  be  owned  and 
controlled  by  the  municipality,  when  the  proposition  to  cre- 
ate such  debt  shall  have  been  submitted  to  a vote  of  such 
qualified  electors  as  shall  have  paid  a property  tax  in  the 
year  preceding  such  election  and  a majority  of  those  voting 
thereon  shall  have  voted  in  favor  of  incurring  such  debt. 

Authorized  indebtedness  for  water,  light,  etc..  Con.  art.  14,  sec.  4. 

309.  Proposition  to  be  submitted  to  voters. 
Notice.  When  the  city  council  of  any  city  or  the  board  of 
trustees  of  any  town  shall  have  decided  to  submit  the  ques- 
tion of  incurring  a bonded  indebtedness,  it  shall,  by  order, 
specify  the  particular  purpose  for  which  the  indebtedness  is 
to  be  created  and  the  amount  of  bonds  which  it  is  proposed 
to  issue,  and  shall  further  provide  for  submitting  the  ques- 
tion of  the  issue  of  such  bonds  to  the  qualified  electors  of 
the  city  or  town  at  the  next  general  election,  or  at  a special 
election  to  be  called  for  that  purpose  by  the  council  or  the 
board,  as  the  case  may  be.  If  the  question  is  submitted  at 
a special  election,  it  shall  be  held,  except  as  herein  other- 
wise provided,  as  nearly  as  possible  in  conformity  with  the 
general  election  laws  of  the  state.  Notice  shall  be  given  of 
such  election  by  publication  in  some  newspaper  or  newspa- 
pers published  in  the  city  or  town  for  four  weeks  prior 


Relative  to  Cities  and  Towns. 


57 


thereto;  or  if  there  be  no  newspaper,  then  by  posting-  no- 
tices. The  council  or  the  board,  as  the  case  may  be,  shall 
cause  ballots  to  be  printed  and  furnished  to  the  qualified 
electors,  which  shall  read:  “For  the  issue  of  bonds.” 

“Yes.”  “No.”  If  a majority  of  the  qualified  electors  vot- 
ing- thereon  shall  have  voted  in  favor  of  incurring-  such  in- 
debtedness, the  board  may  proceed  to  issue  the  amount  of 
bonds  specified. 

310.  Bonds,  how  issued  and  disposed  of.  Tax. 

The  city  council  or  the  board  of  trustees,  as  the  case  may 
be,  shall  provide  by  ordinance  for  the  issuance  and  dis- 
posal of  such  bonds;  provided^  that  no  such  bonds  shall  be 
sold  for  less  than  their  face  value.  The  city  council  or  the 
board  of  trustees,  as  the  case  may  be,  shall  annually  levy 
a sufficient  tax  to  pay  the  interest  on  such  indebtedness  as 
it  falls  due,  and  also  to  constitute  a sinking  fund  for  the 
payment  of  the  principal  thereof  within  twenty  years  from 
the  time  of  contracting-  the  same. 

REPEALS. 

311.  Repeal  of  special  charters.  Effect.  The 
special  charters  of  all  cities  and  towns  in  this  state,  and  all 
amendments  thereto,  are  hereby  repealed;  but  all  of  said 
cities  and  towns  are  perpetuated  as  such  respectively  under 
their  present  names  and  boundaries  and  subject  to  the  pro- 
visions of  this  title.  The  officers  of  such  cities  and  towns 
now  in  office,  shall  continue  in  their  respective  offices  until 
the  election  and  qualification  of  the  officers  herein  provided 
for;  and  shall  perform  such  duties  as  may  be  imposed  by  law 
and  such  other  duties  conformable  with  this  title,  as  may 
be  prescribed  by  ordinance.  All  rights  and  property  of 
every  kind  and  description  now  vested  in  any  municipal 
corporation  under  its  present  organization  shall  be  deemed 
and  held  to  be  vested  in  the  same  municipal  corporation 
upon  its  becoming  subject  to  the  provisions  of  this  title;  but 
no  rights  or  liabilities  either  in  favor  of  or  against  such 
corporation  now  existing,  and  no  action  or  prosecution  of 


58 


Statutory  Provisions. 


any  kind,  shall  be  affected  by  such  chang-e,  but  the  same 
shall  stand  and  progress  as  if  no  chang-e  had  been  made. 
The  ordinances  and  resolutions  now  in  force  in- any  city  or 
town  shall  continue  in  full  force  and  effect  until  repealed  or 
amended,  notwithstanding  the  change  herein  provided  for, 
so  far  as  such  ordinances  and  resolutions  are  not  in  conflict 
with  the  provisions  of  this  title. 

CLAIMS  FOR  DAMAGES. 

312.  Presentation,  time  for.  Action.  All  claims 
against  a city  or  town  for  damages  or  injury  alleged  to 
have  arisen  from  the  defective,  unsafe,  dangerous,  or  ob- 
structed condition  of  any  street,  alley,  crosswalk,  sidewalk, 
culvert,  or  bridge  of  such  city  or  town  or  from  the  negli- 
gence of  the  city  or  town  authorities  in  respect  to  any  such 
street,  alley,  crosswalk,  sidewalk,  culvert,  or  bridge,  shall 
within  ninety  days  after  the  happening  of  such  injury  or 
damage,  be  presented  to  the  city  council  of  such  city  or 
board  of  trustees  of  such  town  in  writing,  signed  by  the 
claimant  or  some  authorized  person,  and  properly  verified, 
describing  the  time,  place,  cause,  and  extent  of  the  dam- 
age or  injury;  and  no  action  shall  be  maintained  against 
any  city  or  town  as  aforesaid  for  injuries  to  person  or  prop- 
erty, unless  it  appears  that  the  claim  for  which  the  action 
was  brought  was  presented  to  the  council  as  aforesaid,  and 
that  the  council  or  board  did  not  within  ninety  days  there- 
after, audit  and  allow  the  same. 

313.  Claims  barred  if  not  presented.  It  shall  be 
a sufficient  bar  and  answer  to  any  action  or  proceeding 
against  a city  or  town  in  any  court,  for  the  collection  of  any 
such  claim  or  demand,  either  for  injury  to  property  or  per- 
son, that  it  had  not  been  presented  to  the  council  of  such 
city  or  the  board  of  trustees  of  such  town,  in  the  manner 
herein  prescribed,  for  audit  and  allowance,  within  said  nine- 
ty days  as  aforesaid. 


Relative  to  Cities  and  Towns. 


59 


justices’  courts. 

687.  Place  of  residence  and  of  holding  coui’t. 

Every  justice  of  the  peace  shall  reside  in  and  shall  hold  a 
justice’s  court  in  the  precinct  or  city  for  which  he  is  elect- 
ed; that  where  more  than  one  precinct  is  em- 
braced within  the  limits  of  any  incoporated  city  or  town, 
the  justice  of  the  peace  of  such  precincts  may  hold  court  at 
an\  place  within  their  respective  cities  or  towns. 

688.  Civil  jurisdiction.  The  justices’  courts  shall 
have  civil  jurisdiction  within  their  respective  precincts  or 
cities: 

1.  In  actions  arising-  on  contract  for  the  recovery  of 
money  only,  if  the  sum  claimed  is  less  than  three  hundred 
dollars. 

2.  In  actions  for  damag-es  for  injury* to  the  person,  or 
for  taking-  or  detaining-  personal  property,  or  for  an  injury 
to  real  property  where  no  issue  is  raised  by  the  answer  in- 
volving- the  plaintiff’s  title  to  or  possession  of  the  same,  if 
the  damag-es  claimed  be  less  than  three  hundred  dollars. 

3.  In  actions  for  a fine,  penalty,  or  forfeiture,  less  than 
three  hundred  dollars,  g-iven  by  statute  or  by  the  ordinances 
of  an  incorporated  city,  where  no  issue  is  raised  by  the  ans- 
wer involving-  the  leg-ality  of  any  tax,  impost,  assessment, 
toll,  or  municipal  fine. 

4.  In  actions  upon  bonds  and  undertakings  conditioned 
for  the  payment  of  money,  if  the  sum  claimed  is  less  than 
three  hundred  dollars,  though  the  penalty  may  exceed  that 
sum.  When  the  payments  are  to  be  made  by  installments, 
an  action  may  be  brought  for  each  installment  as  it  becomes 
due. 

5.  In  actions  to  recover  the  possession  of  personal  prop- 
erty, when  the  value  of  such  property  is  less  than  three 
hundred  dollars. 

6.  To  take  and  enter  judgment  on  the  confession  of  a 
defendant,  when  the  amount  confessed  is  less  than  three 
hundred  dollars. 


60 


Statutory  Provisions. 


689.  Concurrent  jurisdiction.  The  justices’ courts 
shall  have  concurrent  jurisdiction  with  the  district  courts 
within  their  respective  precincts  and  cities: 

1.  In  actions  of  forcible  entry,  forcible  detainer,  or  un- 
lawful detainer,  where  the  whole  amount  of  the  rent  and 
damag-es  claimed  is  less  than  three  hundred  dollars. 

2.  In  actions  to  enforce  and  foreclose  liens  on  personal 
property,  where  the  amount  of  the  liens  and  the  value  of 
the  property  are  each  less  than  three  hundred  dollars. 

690.  Process  to  any  part  of  county.  Mesne  and 
final  process  of  justices’  courts  may  be  issued  to  any  part  of 
the  county  in  which  they  are  held. 

691.  Criminal  jurisdiction.  Justices’ courts  have 
jurisdiction  of  the  following-  public  offenses  committed  with- 
in the  respective  counties  in  which  such  courts  are  estab- 
lished: 

1.  Petit  larceny. 

2.  Assault  or  battery  not  charg-ed  to  have  been  commit- 
ted upon  a public  officer  in  the  discharg-e  of  his  duties,  or  to 
have  been  committed  with  such  intent  as  to  render  the  act 
a felony. 

3.  Breaches  of  the  peace,  committing-  a wilful  injury  to 
property,  and  all  misdemeanors  punishable  by  a fine  less 
than  three  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  or  city  prison  not  exceeding-  six  months,  or  by 
both  such  fine  and  imprisonment. 

ELECTION— REGISTRATION. 

816.  New  registration  in  presidential  year. 
Procedure  at  other  elections.  An  entirely  new  regis- 
tration of  voters  shall  be  made  in  each  year  of  the  presi- 
dential election,  and  every  person  desiring  registration  must 
appear  in  person  and  make  application  therefor.  For  all 
other  general,  and  for  municipal  elections,  the  “official 
register”  of  the  next  preceding  election  shall  be  revised  by 
adding  thereto  the  names  of  all  persons  registered  on  the 
proper  days  therefor  prior  to  such  general  or  municipal 


Relative  to  Cities  and  Towns. 


61 


election.  For  all  such  general  and  municipal  elections  held 
prior  to  the  presidential  election  in  November,  nineteen 
hundred,  the  general  registration  made  in  the  year  eighteen 
hundred  and  ninety-six  shall  be  taken  as  a basis  for  revis- 
ion. For  all  special  and  school  elections  there  shall  be  no 
special  registration  of  voters,  but  the  “official  register”  last 
made  or  revised  shall  constitute  the  “official  register”  for 
such  special  or  school  election. 

817.  Municipal  elections,  registration  for.  Ex- 
pense. It  shall  be  the  duty  of  the  registry  agents,  ap- 
pointed as  herein  provided  for  the  election  districts  within 
the  several  incorporated  cities  and  towns,  at  an^^  time  when 
called  upon  to  do  so  at  their  respective  offices  and  not  else- 
where, between  the  hours  of  eight  o’clock  a.  m.  and  nine 
o’clock  p.  m.  of  the  first  and  third  Tuesdays  prior  to  the 
municipal  or  town  election,  to  receive  and  register  the 
names  of  all  persons  appl3nng  for  registration  who  are 
legally  qualified  and  entitled  to  vote  at  such  election,  or 
who  will  legally  have  acquired  a residence  (being  otherwise 
qualified)  and  who  have  a right  to  vote  at  such  ensuing 
election  according  to  the  provisions  of  law  under  which 
such  election  may  be  held  in  each  election  district.  The 
expense  of  such  registration  shall  be  paid  by  the  city  or 
town  for  which  the  same  is  made. 

All  reg-istr3"  agents  to  be  appointed  bj'  county  commissioners,  S 819.  Code. 

818.  Official  register  to  special  election.  Before 
the  day  on  which  any  special  election  is  appointed  to  be 
held,  the  registry  agent  must  furnish  one  of  the  judges  in 
his  election  district,  at  a time  not  later  than  one  dsLj  next 
preceding  the  day  the  election  is  to  be  held,  a copy  of  the 
official  register  for  his  district,  but  no  copies  need  be  posted. 

821.  Person  must  register  to  vote.  No  person 
shall  hereafter  be  permitted  to  vote  at  any  general,  special, 
municipal,  or  school  election,  without  having  first  been 
registered  within  the  time  and  in  the  manner  and  form  re- 
quired by  the  provisions  of  this  chapter. 


62 


Statutory  Provisions. 


MUNICIPAL  ELECTIONS. 

887.  Date  of  municipal  elections.  Term  of  of- 
fice begins  when.  On  the  Tuesday  next  following  the 
first  Monday  in  November,  eighteen  hundred  and  ninety- 
seven,  and  biennially  thereafter,  there  shall  be  held  in  each 
incorporated  city  and  town  of  this  state,  an  election  to  fill 
all  elective  offices  in  said  cities  and  towns;  and  the  officers 
then  elected  shall  qualify  and  enter  upon  their  duties  at 
twelve  o’clock  meridian  on  the  first  Monday  in  January  next 
succeeding  their  election,  and  continue  in  office  for  two 
years  and  until  their  successors  are  elected  and  qualified. 
The  term  of  office  of  all  the  present  elective  officers  shall 
expire  at  twelve  o’clock  meridian  on  the  first  Monday  in 
January,  eighteen  hundred  and  ninety-eight. 

888.  Appointive  officers  hold  till  successors 
qualify.  All  appointive  officers  in  said  cities  and  towns 
shall  hold  their  respective  offices  until  their  successors  shall 
be  appointed  and  qualified. 

889.  Qualifications  for  voters  at  municipal 
election.  All  qualified  electors  of  the  state  who  have  re- 
sided in  the  county  four  months,  and  in  the  precinct  and 
city  or  town  for  sixty  days  next  preceding  any  municipal 
election  are  entitled  to  vote  at  such  election. 

890.  Appointment  of  judges  of  election.  Vot- 
ing places.  Laws  governing  election.  In  all  mu- 
nicipal elections  the  city  council  and  board  of  trustees  of 
the  town  shall  appoint  judges  of  election  and  designate  the 
places  of  voting.  There  must  be  at  least  one  voting  place 
in  each  election  district  in  cities.  All  elections  must  be 
conducted  according  to  the  general  laws  of  the  state,  and 
all  notices  and  lists  of  names  required  to  be  posted  by  reg- 
istry agents  prior  to  any  general  election  shall  also  be 
posted  by  the  registry  agents  prior  to  any  municipal  elec- 
tion, the  necessary  changes  being  made  as  to  time  of  post- 
ing same. 

Election  expenses  to  be  paid  by  cities  and  towns,  8S  841-S42. 


Relative  to  Cities  and  Towns. 


63 


891.  Canvass  of  returns  and  issue  of  certificates. 
Tie  votes.  On  the  Monday  following-  any  election,  the 
city  council  or  the  board  of  trustees  of  the  town  must  con- 
vene and  publicly  canvass  the  result,  and  issue  certificates 
of  election  to  each  person  elected  by  a plurality  of  votes. 
When  two  or  more  persons  have  received  an  equal  and 
highest  number  of  votes  for  any  one  of  the  offices  voted  for, 
the  tie  shall  be  decided  by  lot  in  the  presence  of  the  mayor 
and  city  recorder,  or  the  president  of  the  board  of  trustees 
and  the  town  clerk,  as  the  case  may  be,  upon  a day  desig- 
nated by  the  mayor  or  by  the  president  of  the  board  of 
trustees. 

1015.  Officers  to  keep  account  of  fees.  Pay- 
ment into  treasury.  All  state,  district,  county,  city, 
town,  and  school  officers,  excepting  notary  public,  boards  of 
arbitration,  justices  of  the  peace,  and  constables,  shall  keep 
a correct  account  of  all  fees  collected  by  them,  and  shall 
pay  the  same  into  the  proper  treasury,  and  the  officer  whose 
duty  it  is  to  collect  such  fees  shall  be  held  responsible  un- 
der his  bond  for  the  same. 

1023.  All  officers  must  keep  fee  books.  It  shall 
be  the  duty  of  every  officer  in  this  title -named,  who  is  auth- 
orized to  receive  any  fees  for  official  services  of  himself  or 
deputies,  to  keep  a fee  book,  in  which  he  shall  enter  an  ex- 
act and  full  account,  in  detail,  of  all  fees,  commissions,  or 
compensations,  of  whatever  nature  or  kind,  by  him  or  his 
deputies  earned,  collected,  or  chargeable,  with  date,  the 
name  of  the  payer,  and  the  nature  of  the  service  in  each 
case.  If  any  person  shall  hold  more  than  one  office,  he 
may  keep  a separate  fee  book  for  each  office,  and  may  make 
separate  statements  for  each,  or  he  may  keep  a joint  fee 
book  and  make  joint  statements,  at  his  discretion. 

1024.  All  officers  to  post  fee  bill.  It  shall  be  the 
duty  of  every  officer  herein  specified,  to  prepare  and  keep 
posted  in  a conspicuous  place  in  his  office,  a plain  and  legi- 
ble statement  of  the  fees  allowed  by  law,  upon  pain  of  for- 
feiting, for  failure  to  do  so,  fifty  dollars,  to  be  recovered, 


64 


Statutory  Provisions. 


with  costs,  b}"  any  person,  before  any  justice  of  the  peace 
of  the  county. 

1025.  Publication  by  officer,  prepayment  of 
cost.  When,  by  law,  any  publication  is  required  to  be 
made  by  an  officer,  of  any  suit,  process,  notice,  order  or 
other  ])aper,  the  cost  of  the  same  must  be  tendered  by  the 
party  for  whom  such  order  of  publication  was  granted  be- 
fore the  officer  shall  be  compelled  to  make  such  publication. 

1026.  Receipt  for  fees  paid.  Every  officer,  upon  re- 
ceiving any  fees  for  official  duties  or  services,  may  be  re- 
quired by  the  person  paying  the  same  to  make  out  in  writ- 
ing and  deliver  to  such  person  an  itemized  account  of  such 
fees,  and  shall  receipt  the  same;  and  if  he  refuses  or  neg- 
lects to  do  so  when  required,  he  shall  be  liable  to  the  party 
paying  the  same  for  three  times  the  amount  so  paid. 

1027.  Not  keeping  fee  book,  etc.  Penalties.  If 
any  officer  shall  refuse  or  wilfully  neglect  to  keep  a fee 
book,  or  to  file  a sworn  statement,  or  to  make  returns,  as 
herein  required,  he  shall  be  deemed  guilty  of  a misdemean- 
or. 

1029.  Id.  Other  penalties.  Any  public  officer  who 
shall  charge  and  receive  for  any  service  rendered  by  him 
any  other  or  greater  amount  than  is  prescribed  by  law  for 
such  service  shall  be  deemed  guilty  of  a misdemeanor,  and 
shall  forfeit  to  the  person  aggrieved  the  amount  thereof 
and  twenty-five  dollars  as  damages,  and  shall  pay  costs  of 
suit. 

1030.  False  certification  as  to  fees  a felony. 
Every  clerk  of  the  district  court,  county  attorney,  justice  of 
the  peace,  or  other  officer  who  shall  certify  as  a fact  any 
matter  which  he  knows  to  be  untrue,  whereby  any  witness 
or  juror  shall  be  allowed  a greater  sum  than  he  would  other- 
wise be  entitled  to  under  the  provisions  of  this  title,  shall 
be  deemed  guilty  of  a felony. 


Relative  to  Cities  and  Towns. 


65 


1031.  Officers  forbidden  to  purchase  certifi- 
cates. No  person  connected  officially  with  any  of  the  dis- 
trict courts  of  this  state,  and  no  state,  district,  county,  or 
precinct  officer,  shall  purchase,  or  cause  to  be  purchased 
any  certificate  issued  to  any  juror  or  witness  under  the  pro- 
visions of  this  title.  Any  person  violating-  the  provisions 
of  this  section  shall  be  deemed  g-uilty  of  a misdemeanor. 

1033.  Allowing  suit  without  fees.  Penalty. 

Every  justice  of  the  peace  who  files  in  his  office  any  com- 
plaint, or  allows  a civil  action  to  be  commenced  in  his  court, 
without  the  fees  being-  paid  therefor  in  advance,  except  in 
cases  permitted  by  the  statutes,  is  g-uilty  of  a misdemeanor. 

LOCAL  BOARDS. 

1105.  Municipal  boards.  It  shall  be  the  duty  of  the 
board  of  trustees  or  city  council  of  every  incorporated  town 
or  city  of  the  state,  to  establish  by  ordinance  a board  of 
health  for  such  town  or  city,  to  consist  of  three  or  more  per- 
sons, one  of  whom,  when  practicable,  shall  be  a physician, 
a g-raduate  of  a reg-ularly  chartered  medical  colleg-e,  who 
shall  be  the  executive  officer  of  the  board  and  be  known  as 
the  health  officer. 

1107.  Duties  and  powers.  Every  local  board  of 
health, 'whether  county  or  municipal,  shall  supervise  all 
matters  pertaining-  to  the  sanitary  condition  of  its  county, 
town,  or  city,  and  shall  have  power  and  authority  to  order 
nuisances  or  the  cause  of  any  special  disease  or  mortalit}^  to 
be  abated  and  removed. 

1108.  Reports  to  state  board.  Every  local  board  of 
health  or  health  officer  shall  report  to  the  secretary  of  the 
state  board  of  health  at  such  time  as  the  state  board  may 
require,  the  sanitary  condition  of  the  locality,  the  number 
of  births  and  deaths,  and  the  causes  of  death  as  near  as  can 
be  ascertained  within  their  jurisdiction,  during-  the  preced- 
ing- month;  also  the  presence  of  epidemic  or  other  dang-er- 
ous,  contag-ious,  or  infectious  diseases,  and  such  other  mat- 
ters within  their  knowledg-e  or  jurisdiction  as  the  state  board 
of  health  shall  require. 


66 


Statutory  Provisions. 


1109.  Sanitary  rules  and  ordinances.  It  shall  be 
the  duty  of  the  board  of  trustees  of  every  incorporated  town, 
and  of  the  city  council  of  every  incorporated  cit}%  and  of  the 
board  of  county  commissioners  of  each  county  in  the  state, 
to  establish  by  ordinance  such  sanitary  rules  and  regula- 
tions as  may  be  necessary  to  promote  the  general  health, 
and  to  prevent  the  outbreak  or  spread  of  infectious  or  con- 
tagious diseases;  and  to  provide  penalties  for  the  infraction 
of  any  of  such  ordinances. 

1110.  Qnarantine.  Any  local  board  of  health  may  de- 
clare quarantine  in  its  county,  city,  or  town,  or  any  part 
thereof,  against  a contagious  or  infectious  disease  prevail- 
ing there  or  elsewhere,  and  against  all  persons  and  things 
likely  to  spread  contagion  and  infection.  Each  of  such 
boards  shall  have  power  and  authority  to  enforce  such  quar- 
antine until  the  same  is  raised  by  it,  and  may  confine  any 
person  affected  with  or  likely  to  spread  contagion  or  infec- 
tion to  the  house  or  premises  in  which  he  resides,  or  to  a 
place  to  be  provided  by  the  board  for  the  purpose. 

INTOXICATING  LIQUORS. 

1242.  License  necessary.  No  person  shall  manufac- 
ture, sell,  barter,  deabout,  or  otherwise  dispose  of  any  spir- 
ituous, vinous,  malt,  or  other  intoxicating  liquors,  without 
first  obtaining  from  the  board  of  county  commissioners  of 
the  county,  or  city  council  of  the  city,  or  board  of  trustees 
of  the  town  in  which  he  intends  to  do  business,  a license 
therefor,  as  hereinafter  provided. 

1243.  Id.  Who  may  grant.  Petition.  Bond. 

The  boards  of  county  commissioners  in  their  respective 
counties,  and  the  city  councils  in  their  respective  cities,  and 
the  board  of  trustees  in  their  respective  towns,  are  hereby 
authorized  to  grant  licenses,  as  contemplated  in  section 
twelve  hundred  and  forty-two, to  any  person  over  the  age  of 
twenty-one  years,  upon  an  application  being  made  for  such 
license,  by  petition  signed  by  the  applicant  and  filed  with 
the  county  clerk,  city  recorder,  or  town  clerk,  as  the  case 


Relative  to  Cities  and  Towns. 


67 


may  be.  Said  petition  must  state  definitely  the  particular 
place  at  which  am^  of  the  liquors  named  in  section  twelve 
hundred  and  forty-two  are  intended  to  be  manufactured, 
sold,  bartered,  dealt  out,  or  otherwise  disposed  of,  and 
whether  the  applicant  intends  to  carry  on  a retail  or  whole- 
sale business.  Before  a license  is  granted  to  the  applicant 
he  shall  execute  a bond  to  the  county,  city,  or  town,  as  the 
case  may  be,  conditioned  that  during  the  continuance  of  his 
license  he  will  keep  an  orderly  and  well-regulated  house; 
that  he  will  not  allow  gambling  with  cards,  dice,  or  any  other 
device  or  implements  used  in  gambling,  within  his  house, out- 
house, yard,  or  other  premises  under  his  control;  that  he 
will  pay  all  damages,  fines,  and  forfeitures  which  may  be 
adjudged  against  him  under  any  of  the  provisions  of  this 
title.  Said  bond  shall  be  fixed  by  the  board  of  county  com- 
missioners, city  council,  or  board  of  trustees  of  the  town, 
as  the  case  may  be,  in  any  sum  not  less  than  five  hundred 
dollars,  nor  mpre  than  one  thousand  dollars,  with  two  or 
more  sureties,  to  be  approved  by  said  board,  by  the  mayor 
of  the  city,  or  president  of  the  board  of  trustees  of  the  town, 
as  the  case  may  be.  Said  sureties  must  justify  on  oath,  be- 
fore some  officer  authorized  to  administer  oaths,  that  they 
are  residents  within  the  county,  city,  or  town,  as  the  case 
may  be,  and  worth  the  amount  justified  to,  over  and  above 
all  other  debts  and  liabilities,  exclusive  of  property  exempt 
from  execution.  Such  justifications  shall  be  in  writing, 
signed  by  the  persons  justifying,  and  certified  to  by  the  offi- 
cer who  administers  the  oath,  and  attached  to  and  filed  with 
the  bond. 

1244.  Id.  Rate.  Time.  The  board  of  county  com- 
missioners, the  city  council,  or  the  board  of  trustees  of  the 
town,  as  the  case  may  be,  after  the  petition,  statement,  and 
bond  have  been  filed  as  required  in  the  preceding  section, 
shall  determine  the  amount  to  be  paid  for  the  license  prayed 
for,  which  shall  be  at  a rate  of  not  less  than  four  hundred 
dollars,  for  the  period  of  one  year;  but  licenses  of  the  same 
classes  of  business  shall  be  uniform  in  amount  in  ivc 


68 


Statutory  Provisions. 


town,  city,  or  county.  Said  board  or  council,  as  the  case 
may  be,  shall  also  determine  the  time  for  which  the  license 
shall  be  granted,  but  no  license  shall  be  issued  for  a longer 
period  than  one  year,  nor  for  a less  period  than  three 
months. 

1245.  Id.  Refusal  for  good  cause.  Proximity  to 
schools,  etc.  Any  application  for  such  license  may  be 
refused  for  good  cause,  in  the  descretion  of  the  board  of 
trustees  of  the  town,  the  city  council  of  the  city,  or  board 
of  county  commissioners,  and  no  such  license  shall  be 
granted  to  any  establishment  except  a hotel,  located  within 
three  hundred  feet  of  any  public  school  building  used  for 
that  purpose,  or  within  fifty  feet  of  any  theatre,  variety 
theatre,  or  concert  hall,  or  any  like  place  of  amusement; 
frovided^  that  the  commissioners  of  any  county  shall  not 
grant  a license  for  the  sale  of  intoxicating  liquors  within 
a half  a mile  of  the  boundaries  of  any  incorporated  city  or 
town  for  a less  amount  than  is  provided  by  ordinance  of  any 
such  city  or  town. 

1247.  Revocation.  Notice.  The  board  of  county 
commissioners,  city  council,  or  the  board  of  trustees,  for 
good  cause  and  upon  not  less  than  three  days’  notice  to  the 
licensee  of  the  time  and  place  at  which  the  proposed  revoca- 
tion will  be  considered,  may  revoke  a license  granted  to  the 
keeper  of  any  saloon,  tippling  house,  or  dram  shop,  or  for 
the  selling  or  giving  away  of  any  intoxicating  drink  or 
malt  liquors  within  the  county,  city,  or  town,  as  the  case 
may  be. 

Defendant  issued  plaintiff  a liquor  license,  and  the  latter  paid  for  three  months: 
within  a month  after  issuance,  defendant  revoked  the  license  without  preferring" 
charges,  upon  informal  notice  of  the  hearing,  but  without  citing  him  to  show 
cause;  held,  that  the  rovocation  without  giving  plaintiff  an  opportunity  to  be 
heard  was  void.  Pehrson  v.  City  Council,  14  U 147;  46  P.  657. 

1248.  Payment  for  license.  Form.  The  amount 
to  be  paid  for  a license  as  determined  by  the  board  of  coun- 
ty commissioners,  or  city  council,  or  the  board  of  trustees, 
must  be  paid  into  the  county,  city,  or  town  treasury,  as  the 
case  may  be,  by  the  applicant,  who,  upon  receiving  the 


REI.ATIVE  TO  Cities  and  Towns. 


69 


treasurer’s  receipt,  shall  present  the  same  to  the  county 
clerk,  the  town  clerk,  or  the  city  recorder,  as  the  case  may 
be.  The  county  clerk,  or  town  clerk,  or  city  recorder  shall 
thereupon  issue  to  the  applicant  a certificate  of  license, 
which  certificate  must  state  the  name  of  the  person  licensed; 
the  place  of  business;  the  kind  or  kinds  of  liquors  to  be 
manufactured,  sold,  bartered,  or  otherwise  disposed  of;  the 
date  of  commencement  and  of  expiration  of  such  license; 
whether  it  is  for  a retail  or  wholesale  business;  that  the  per- 
son named  therein  is  duly  authorized  to  carry  on  the  busi- 
ness of  manufacturing-,  selling-,  bartering-,  or  otherwise  dis- 
posing- of  intoxicating-  liquors  at  the  place  and  for  the  time 
therein  specified;  and  that  the  license  is  not  transferable. 
Said  certificate  shall  be  signed  by  the  county  clerk,  town 
clerk,  or  city  recorder,  as  the  case  may  be,  who  shall  seal 
the  same  with  his  official  seal. 

PUBLIC  LIBRARIES. 

1369.  Ill  cities  of  the  third  class  and  towns. 
Tax.  When  fifty  legal  voters  of  any  city  of  the  third  class 
or  of  any  town,  shall  present  a petition  to  the  recorder  or 
clerk  of  such  city  or  town,  asking  that  an  annual  tax  be 
levied  for  the  establishment  and  maintenance  of  a free  pub- 
lic library  in  such  city  or  town,  and  shall  specify,  in  their 
petition,  a rate  of  taxation  not  to  exceed  one  mill  on  the  dol- 
lar, such  recorder  or  clerk  shall,  in  the  next  legal  notice  of 
a regular  biennial  election  in  such  city  or  town,  give  notice 
that  at  such  election  every  elector  who  shall  have  paid  a 
property  tax  therein  in  the  year  next  preceding  such  elec- 
tion, may  vote  “for  a mill  tax  for  a free  public  lib- 

rary, yes— no,”  specifying  in  such  notice  the  rate  of  taxa- 
tion mentioned  in  said  petition;  and  if  the  majority  of  all 
the  votes  cast  in  such  city  or  town,  shall  be  “for  the  tax  for 
the  free  public  library,”  the  tax  specified  in  such  notice  shall 
cease  in  case  the  legal  voters  of  any  such  city  or  town  shall 
so  determine  by  a majority  vote,  at  any  biennial  election 
held  therein;  and  the  corporate  authorities  of  such  cities  of 
the  third  class,  and  of  towns,  may  exercise  the  same  powers 


70 


Statutory  Provisions. 


conferred  upon  the  coporate  authorities  of  cities  of  the  first 
and  of  the  second  class  under  this  chapter. 

1370.  Id.  Directors.  Terms.  Powers.  At  the 

same  election  that  anj  city  of  the  third  class  or  any  town 
shall  vote  on  the  proposition  to  levy  a tax  and  to  establish  a 
free  public  library,  there  may  be  elected  a library  board  of 
six  directors,  one-third  for  two  years,  one-third  for  four 
years,  one-third  for  six  years;  and  biennially  thereafter 
there  shall  be  elected  two  directors,  who  shall  hold  office  for 
two  years,  and  until  their  successors  are  elected  and  quali- 
fied; which  board  shall  have  the  same  powers  as  are  by  this 
chapter  conferred  upon  the  board  of  directors  of  free  public 
libraries  in  cities  of  the  first  and  of  the  second  class,  and 
said  directors  shall  receive  no  compensation. 

1371.  Voting  for  tax  and  directors.  When  the 
question  of  a tax  for  a library  fund  shall  be  submitted  as 
provided  in  section  thirteen  hundred  and  sixty-nine,  ballots 

shall  be  prepared  containing-  only  the  words,  “for  a — 

mill  tax  for  a free  public  library,  yes — no,”  and  the  names 
of  the  voters  chosen  for  directors  of  such  free  public  library; 
and  a special  ballot  box  shall  be  provided  for  the  reception 
of  such  ballots.  . . - i 

CITY  AND  TOWN  TAXES. 

2687.  Assessment  made  by  county  assessor. 
Assessments  for  the  taxes  of  each  incorporated  city  and 
town  in  this  state  shall  be  made  by  the  county  assessor  of 
the  county  in  which  such  incorporated  city  or  town  is  situ- 
ated, at  the  same  time  that  assessments  for  state  and  county 
taxes  are  made,  and  the  list  of  the  property  in  each  incorpo- 
rated city  and  town  in  his  county,  and  the  valuation  there- 
of shall  be  so  made  by  the  county  assessor  that  the  property 
in  each  and  the  valuation  thereof  can  be  separately  shown. 

2688.  Assessor’s  statement.  Copy  of  assessment 
rolls,  when  furnished.  On  or  before  the  first  Monday 
of  June  in  each  year  the  county  assessor  of  each  county  in 


Relative  to  Cities  and  Towns. 


71 


which  there  is  situated  auy  incorporated  city  or  town,  shall 
deliver  to  the  clerk  or  recorder  of  each  city  and  to  the  clerk 
or  president  of  the  board  of  trustees  of  each  town,  a state- 
ment showing-  the  ag-greg-ate  valuation  of  all  the  taxable 
property  in  such  city  or  town;  and  shall  deliver  to  the  re- 
corder of  each  city  of  the  third  class  and  to  the  clerk  of  each 
town  a copy  of  that  part  of  the  assessment  roll  containing 
the  assessment  of  property  in  each  such  city  or  town,  re- 
spectively, which  shall  be  used  as  the  basis  for  general  mu- 
nicipal taxes  therein  until  the  next  county  assessment  is 
made. 

2689.  Rate,  when  fixed.  Levy.  Certification. 

The  city  council  of  each  city  and  the  board  ot  trustees  of 
each  town  shall,  on  or  before  the  first  Monday  of  July  in 
each  year,  determine  the  rate  of  the  general  city  or  town 
tax,  levy  the  same,  and  in  the  cases  of  cities  of  the  first  and 
of  the  second  class  shall  certify  the  rate  and  levy  to  the 
county  auditor  of  the- county  in  which  such  city  is  situate. 

2690.  Equalization  of  taxes.  ***** 

city  councils  of  cities  of  the  third  class  and  boards  of 
trustees  of  towns  shall  meet  as  boards  for  the  equalization 
of  the  assessment  of  property  within  their  respective  cities 
or  towns,  so  far  as  concerns  their  general  municipal  taxes, 
on  the  first  Monday  in  June  of  each  year,  and  shall  continue 
in  session  for  such  purpose  until  such  time,  not  later  than 
June  twentieth,  as  may  be  necessary.  Said  board  may  re- 
mit the  city  or  town  taxes  of  any  insane,  idiotic,  infirm,  or 
indigent  person  to  an  amount  not  exceeding  five  dollars  for 
the  current  year. 

The  state  supreme  court,  May  term,  1898,  in  case  of  Morp-an  Richards,  Jr.,  state 
auditor,  vs.  Francis  Armstrong-,  et  al.,  commissioners  of  Salt  Lake  county;  held 
that  remitting-,  or  abating,  taxes  is  an  exemption,  and  that  section  2579  R.  S.  (simi- 
lar language  to  the  above  section)  is  unconstitutional  and  void. 

2692.  County  officers  liable  on  bonds.  County 
officers  intrusted  with  the  assessment,  collection,  or  custody 
of  city  or  school  district  taxes,  and  their  sureties,  shall  be 
liable  upon  their  official  bonds  for  the  faithful  performance 


72 


Statutory  Provisions. 


of  their  duties  in  the  assessment,  collection,  and  safe  keep- 
ing- of  said  city  and  school  district  taxes. 

2693.  (Treasurer  to  collect  taxes. 'I  * * * The 
g-eneral  taxes  of  each  city  of  the  third  class  shall  be  collected 
by  the  city  treasurer,  and  those  of  each  town,  by  the  clerk, 
or  such  other  officer  as  may  be  desig-nated  by  ordinance. 

2694.  Municipal  taxes  due  and  delinquent, 
when.  Lien  attaches.  All  g-eneral  city  or  town  taxes 
levied  and  assessed  under  the  provisions  of  this  chapter, 
shall  become  due  and  delinquent,  and  shall  attach  to  and 
become  a lien  on  the  real  and  personal  property  assessed,  at 
the  same  time  as  state  and  county  taxes;  and  all  the  pro- 
visions of  this  title  in  aid  of  assessing-  and  collecting-  state 
and  county  taxes  are  hereby  made  applicable  to  the  assess- 
ment and  collection  of  such  city  and  town  taxes. 

2696.  Special  taxes.  In  cities  and  towns,  special 
taxes  shall  be  levied  and  collected  in  the  manner  and  form, 
and  by  such  officers  as  are  now  or  may  hereafter  be  pro- 
vided by  law  and  the  ordinances  of  such  city  or  town. 

POLICE  AND  THEIR  ATTENDANCE. 

4539.  Police  governed  by  special  statutes.  The 
org-anization  and  reg-ulation  of  the  police,  in  the  cities, 
towns,  and  counties  of  the  state,  are  g-overned  by  special 
statutes. 

4540.  Ordering  police  to  preserve  peace  at  pub- 
lic meeting.  The  mayor  or  other  officer  having  the  di- 
rection of  the  police  of  a city,  town,  or  county  must  order  a 
sufficient  force  to  preserve  the  peace,  to  attend  any  public 
meeting,  when  he  is  satisfied  that  a breach  of  peace  is 
reasonably  apprehended. 


Relative  to  Cities  and  Towns. 


73 


justices’  courts. — COMPLAINT,  WARRANT,  PLEA,  AND 
CHANGE  OF  VENUE. 

5124.  Jurisdiction  extends  to  county  limits. 

In  criminal  cases  the  jurisdiction  of  justices  of  the  peace 
extends  to  the  limits  of  their  respective  counties. 

5125.  Requisites  of  complaint.  Proceedings  and 
actions  before  a justice’s  court  for  a public  offense  must  be 
commenced  by  complaint  under  oath,  setting  forth  the  of- 
fence charged,  with  such  particulars  of  time,  place,  person, 
and  property  as  to  enable  the  defendant  to  understand  dis- 
tinctly the  character  of  the  offense  complained  of,  and  to 
answer  the  complaint. 

5126.  Warrant  of  arrest.  Form.  If  the  justice  of 
the  peace  is  satisfied  that  the  offense  complained  of  has 
been  committed,  he  must  issue  a warrant  of  arrest,  which 
must  be  substantially  in  the  following  form: 

State  of  utah,  } 

County  of . \ 

The  state  of  Utah  to  any  sheriff,  constable,  marshal,  or 
policeman  in  this  state: 

Complaint  upon  oath  having  been  made  this  day  before 

me “,  justice  of  the  peace,  by  C D that  the  offense  of 

(designating  it  generally  ) has  been  committed,  and  accus- 
ing E F thereof;  you  are  therefore  commanded  to  arrest  the 
above  named  E P and  bring  him  before  me  forthwith  at 
(naming  the  place). 

Witness  my  hand  at“- — this — ; day  of— — - — A.  D, 

18—. 

A B,  Justice  of  the  peace. 

5127.  Justice  to  keep  docket.  Entries.  A docket 
must  be  kept  by  the  justice  of  the  peace,  in  which  must  be 
entered  each  action,  and  the  proceedings  of  the  court  there- 
in. 

5128.  Trial.  Complaint  to  be  read.  Plea.  Be- 
fore trial  commences,  the  complaint  must  be  distinctly  read 
to  the  defendant,  and  he  must  be  asked  if  he  is  designated 
therein  by  his  right  name,  and  be  required  to  plead. 


74 


Statutoky  Provisions. 


5129.  Name  ofdefeiidaiit.  Four  kinds  of  pleas. 

If  the  defendant  objects  that  he  is  wrong-ly  named  in  the 

complaint  and  gives  his  right  name,  the  proceeding  shall 
be  amended  accordingly.  If  he  does  not  give  his  right 
name,  he  is  thereafter  precluded  from  making  any  objections 
on  the  grounds  that  he  is  not  designated  by  his  right  name. 
There  are  four  kinds  of  pleas  to  a complaint;  a plea  of — 

1.  Guilty. 

2.  Not  guilty. 

3.  A former  judment  of  conviction  or  acquittal  of  the  of- 
fense charged,  which  may  be  pleaded  either  with  or  with- 
out the  plea  of  not  guilty. 

4.  Once  in  jeopardy,  which  may  be  pleaded  with  or 
without  the  plea  of  not  guilty. 

5130.  Fleas  must  be  oral.  Flea  of  guilty.  Higher 
olfeiise.  Every  plea  must  be  oral  and  entered  in  the  min- 
utes. If  the  defendant  pleads  guilty,  the  court  may,  before 
entering  such  plea  or  pronouncing  judgment,  examine  wit- 
nesses to  ascertain  the  gravity  of  the  offense  committed; 
and  if  it  appears  to  the  court  that  a higher  offense  has  been 
committed  than  the  offense  charged  in  the  complaint,  the 
court  may  order  the  defendant  to  be  committed  or  admitted 
to  bail,  to  answer  any  information  that  may  be  filed  or  any 
indictment  that  may  be  found  against  him. 

5131.  When  trial  to  begin.  Upon  a plea  other  than 
a plea  of  guilty,  unless  a jury  is  demanded  or  an  adjourn- 
ment or  change  of  venue  is  not  granted,  the  court  must  pro- 
ceed to  try  the  case. 

5132.  Change  of  place  of  trial.  CTrounds.  Affi- 
davit. A change  of  the  place  of  trial  may  be  had  at  any 
time  before  the  trial  commences: 

1,  When  the  defendant  files  an  affidavit  in  writing,  stat- 
ing that  he  has  reason  to  believe,  and  does  believe,  that  he 
cannot  have  a fair  and  impartial  trial  of  the  action  before 
the  justice  about  to  try  the  same,  by  reason  of  the  bias  or 
prejudice  of  such  justice,  the  action  must  be  transferred  to 


Relative  to  Cities  and  Towns. 


75 


a justice  of  the  county  agreed  upon  by  the  parties,  or,  if 
there  is  no  agreement,  to  the  nearest  justice  within  the 
county  to  which  such  objection  does  not  apply. 

2.  When  it  appears  by  affidavit  that  the  defendant  can- 
not have  a fair  and  impartial  trial,  by  reason  of  the  preju- 
dice of  the  citizens  of  the  precinct  or  city,  the  action  must 
be  transferred  to  a justice  of  a precinct  in  the  same  county 
where  the  same  prejudice  does  not  exist. 

5133.  Id.  But  one  change  allowed.  The  place  of 
trial  shall  not  be  changed  more  than  once. 

5134.  Procedure  when  change  ortlered.  When 
a change  of  the  place  of  trial  is  ordered,  the  justice  must 
forthwith  attach  to  the  original  papers  a certified  copy  of 
his  docket  entries  in  the  action,  and  deliver  the  same  to  an 
officer,  who  must  execute  the  order  without  delay  by  taking 
the  defendant,  if  in  custody,  before  the  justice  named  and 
delivering  to  such  justice  the  papers  so  received.  Upon  re- 
ceipt thereof  the  justice  to  whom  the  actioh  is  transferred 
must  proceed  in  the  same  manner  as  if  the  proceeding  or 
action  had  been  originally  commenced  in  his  court. 

5135.  Postponemeut  of  trial  for  cause.  Before  the 
commencement  of  a trial  in  a justice’s  court  either  party 
may,  upon  good  cause  shown,  have  reasonable  postpone- 
ment thereof. 

5136.  Grounds  of  demurrer  to  complaint.  The 

defendant  may  demur  to  the  complaint  when  it  appears 
upon  the  face  thereof: 

1.  That  it  does  not  conform  to  the  requirements  of  sec- 
tion fifty-one  hundred  and  twenty-five. 

2.  That  the  facts  stated  do  not  constitute  a public  of- 
fense. 

3137.  Demurrer  sustained.  New  comi)laint  or 
discharge.  If  the  demurrer  be  sustained  a new  com- 
plaint must  be  filed  within  such  time  not  exceeding  one  day 
as  the  justice  may  name;  if  such  new  complaint  be  not  filed 
the  defendant  must  be  discharged. 


76 


Statutoky  Pkovisions. 


FORMATION  OF  A JURY. 

5138.  Trial  in  defendant’s  absence  forbidden. 
Exception.  The  trial  must  not  proceed  in  the  absence  of 
the  defendant,  unless  he  voluntarily  absents  himself  with 
full  knowledge  that  the  trial  is  being  had. 

5139.  Jury  waved  vinless  demanded.  A trial  by 
jury  shall  be  deemed  to  be  waved  unless  a jury  is  demanded 
by  either  party. 

When  defendant  not  entitled  to  jury  for  offen.se  against  city  ordinace,  §241,  p.  36. 

5140.  Jurors:  summoning,  qualifications,  chal- 
lenges. The  qualifications  of,  and  manner  of  summoning 
jurors  to  serve  in  justices’  courts  are  prescribed  under  the 
title  of  ‘‘Jurors,”  title  thirty-five  of  the  Revised  Statutes. 
The  provisions  of  chapter  thirty-two  of  the  code  of  criminal 
procedure,  relative  to  challenging  jurors,  shall  govern,  as 
far  as  the  same  shall  be  applicable. 

THE  TRIAL. 

5141.  Oath  administered  to  jury.  The  jury  hav- 

ing been  impaneled  the  court  must  administer  to  them  the 
following  oath:  “You  do  swear  that  you  will  well  and 

truly  try  this  issue  between  the  state  of  Utah  and  A B,  the 
defendant,  and  a true  verdict  render  according  to  the  evi- 
dence.” 

5142.  Duty  of  jury.  Public  trial,  etc.  After  the 
jury  shall  be  sworn  they  must  sit  together  and  hear  the 
proofs  and  allegations  of  the  parties  which  must  be  deliv- 
ered in  public  and  in  presence  of  the  defendant. 

5143.  Court  to  decide  questions  of  law;  cannot 
charge  as  to  facts.  The  court  must  decide  all  questions 
of  law  which  may  arise  in  the  course  of  the  trial,  but  can 
give  no  charge  with  respect  to  matters  of  fact. 

5J44.  Jury  may  decide  in  court  or  retire.  Oath 
of  officer.  After  hearing  the  proofs  and  allegations,  the 
jury  may  decide  in  court  or  retire  for  consideration.  If 


Relative  to  Cities  and  Towns. 


77 


they  do  not  immediately  agree,  an  officer  must  be  sworn  to 
the  following-  effect:  “You  do  swear  that  you  will  keep 

this  jury  together  in  some  quiet  and  convenient  place,  that 
3"ou  will  not  permit  any  person  to  speak  to  them,  nor  speak 
to  them  yourself,  unless  by  order  of  the  court,  or  to  ask 
them  whether  they  have  ag-reed  upon  a verdict;  and  that 
you  will  return  them  into  court  when  they  shall  have  so 
agreed,  or  when  ordered  by  the  court.” 

5145.  Verdict  delivered  in  public.  Entry  of. 

When  the  jury  shall  have  ag-reed.  on  their  verdict,  they  must 
deliver  it  publicly  to  the  court,  who  must  enter  it,  or  cause 
it  to  be  entered,  upon  the  minutes. 

5146.  Verdict  as  to  one  or  more  of  defendants. 
Retrial  of  others.  When  several  defendants  shall  be 
tried  tog-ether,  if  the  jury  cannot  agree  upon  a verdict  as 
to  all,  they  may  render  a verdict  as  to  those  in  regard  to 
whom  they  do  agree,  on  which  a judgment  must  be  entered 
accordingly,  and  the  case  as  to  the  rest  may  be  tried  by  an- 
other jury. 

5147.  Eorin  of  v^erdict.  The  verdict  of  the  jury  on  a 
plea  of  not  guilty  must  be  to  the  effect  that  the  jury  find 
the  defendant  “guilty”  or  “not  guilty,”  as  the  case  may  be. 
On  any  other  plea,  the  verdict,  must  be  “for  the  state,”  or 
“for  the  defendant.” 

5148.  Jury  discharged  after  verdict.  Excep- 
tion. The  jury  cannot  be  discharged  after  the  cause  is 
submitted  to  them,  until  they  have  agreed  upon  and  rend- 
ered their  verdict,  unless  for  good  cause  the  court  sooner 
discharges  them. 

5149.  Retrial  when  jni*>^  fail  to  agree.  If  the  jury 
is  discharged,  as  provided  in  the  last  section,  the  court  may 
proceed  again  to  the  trial,  in  the  same  manner  as  upon  the 
first  trial,  and  soon  until  a verdict  is  rendered. 

5150.  Sickness  of  juror.  Procedure.  If  a juror 
be  incapacitated  by  sickness  for  attendance  through  the 
trial,  another  juror  may  be  summoned  and  the  trial  com- 


78 


Statutory  Provisions. 


menced  over  ag-^in,  or  the  jury  discharged  and  a new  jur  y 
impaneled. 

NEW  trial  and  arrest  of  judgment. 

5151.  Motion  must  be  made  before  jiidgnient. 
At  any  time  before  judgment,  the  defendant  may  mov^e  for 
a new  trial  or  in  arrest  of  judgment. 

5152.  Cfrouiids  for  new  trial.  A new  trial  may  be 
granted  in  the  following  cases: 

1.  When  the  trial  has  been  had  in  the  absence  of  the  de- 
fendant, unless  he  voluntarily  absented  himself  with  full 
knowledge  that  a trial  was  being  had. 

2.  When  the  jury  shall  have  received  any  evidence  out 
of  court. 

3.  When  the  jury  shall  have  separated  without  leave  of 
court,  after  having  retired  to  deliberate  upon  their  verdict, 
or  been  guilty  of  any  misconduct  tending  to  prevent  a fair 
and  due  consideration  of  the  case. 

4.  When  the  verdict  shall  have. been  decided  by  lot,  or 
by  any  means  other  than  a fair  expression  of  opinion  on  the 
part  of  all  the  jurors. 

5.  When  there  shall  have  been  error  in  the  decision  of 
the  court,  given  on  any  question  of  law  during  the  course 
of  the  trial. 

6.  When  the  verdict  is  contrary  to  law  or  evidence. 

7.  When  new  evidence  is  discovered  material  to  the  de- 
fendant, and  which  he  could  not,  with  reasonable  diligence, 
have  discovered  and  produced  at  the  trial;  but  when  a mo- 
tion for  a new  trial  is  made  upon  this  ground,  the  defend- 
ant must  produce  at  the  hearing  the  affidavits  of  the  wit- 
nesses by  whom  such  newly  discovered  evidence  is  expected 
to  be  given. 

5153.  Oroiiiids  for  motion  in  arrest  of 
inent.  The  motion  in  arrest  of  judgment  may  be  founded 
on  any  substantial  defect  in  the  complaint,  and  the  effect  of 
an  arrest  of  judgment  shall  be  to  place  the  defendant  in  the 
situation  in  which  he  was  before  the  trial  was  had. 


Relative  to  Cities  and  Towns. 


79 


JUDGMENT  AND  EXECUTION. 

5154.  Time  for  proiiounciiig  judgment.  Post- 
ponement. After  a plea  or  verdict  of  “guilty,”  or  after 
a verdict  against  the  defendant,  the  court  must  appoint  a 
time  for  rendering  judgment,  which  must  not  be  more  than 
two  days  nor  less  than  six  hours  after  the  verdict  is  rend- 
ered, unless  the  defendant  waives  the  postponement,  or  the 
judgment  is  arrested,  or  a new  trial  granted.  If  postponed, 
the  court  may  hold  the  defendant  to  bail  to  appear  for  judg- 
ment. Unless  such  postponement  is  demanded,  it  shall  be 
deemed  to  be  waived. 

Bo3"  or*  g-irl  under  eighteen  may  be  sent  to  industrial  school,  §2142.  R.  S. 

5155.  Judgment  on  plea  of  guilty.  Fine.  Im- 
prisonment at  labor.  When  a defendant  pleads  guilty 
or  is  convicted,  the  court  must  render  judgment  that  he  be 
punished  by  a fine  or  imprisonment,  or  by  both,  with  or 
without  costs.  A judgment  for  the  payment  of  a fine,  or  of 
a fine  and  costs,  may  also  direct  that  the  defendant  be  im- 
prisoned at  hard  labor  until  such  fine,  or  such  fine  and 
costs  are  paid,  in  the  proportion  of  one  day’s  imprisonment 
for  every  dollar  of  the  fine  and  costs. 

5156.  Acquittal.  When  complaiuaut  to  pay 
costs.  When  the  defendant  is  acquitted,  he  must  be  imme- 
diately discharged.  If  it  appears  to  the  court  the  prosecu- 
tion was  malicious  or  without  probable  cause,  it  may  render 
a judgment  that  the  complainant  pay  the  costs  of  the  action, 
which  judgment  may  be  enforced  in  the  same  manner  as  a 
judgment  in  a civil  action;  and  the  complainant  shall  have 
the  same  right  of  appeal. 

5157.  Fine  without  imprisoiimeut.  Execution. 

A judgment  which  imposes  a fine  without  directing  that 
the  defendant  be  imprisoned  until  the  same  is  satisfied,  ma;y 
be  enforced  in  the  same  manner  as  a judgment  in  a civil 
action,  and  execution  shall  issue  accordingly. 

5158.  Judgment  of  imprisonment,  how  exe- 
cuted. A judgment  of  imprisonment  must  be  executed  by 


80 


Statutory  Provisions. 


delivering-  the  defendant  into  the  custody  of  the  sheriff  or 
other  officer  in  charg-e  of  the  county  jail.  A copy  of  the 
judg-ment,  duly  certified  by  the  justice,  is  a sufficient  war- 
rant for  the  doing-  of  every  act  necessary  or  proper  in  the 
due  execution  thereof.  The  officer  shall,  upon  discharging- 
the  defendant,  return  such  copy  to  the  justice,  with  an 
account  of  his  doings  endorsed  thereon,  and  must  at  the 
same  time  pay  over  to  the  justice  all  money  which  he  may 
have  received  from  the  defendant  in  payment  of  the  fine. 

5159.  Fines,  etc.,  to  be  paid  into  county  treas- 
ury. When  a fine  is  paid,  or  bail  is  forfeited,  the  justice 
must  pay  the  same  to  the  county  treasurer  within  thirty 
days  thereafter. 

In  cities  to  city  treasurer  before  last  day  of  each  month,  Ord. 

APPEAL. 

5160.  Appeal  must  be  taken  within  thirty  days. 

Any  defendant  in  a criminal  action  tried  before  a justice 
of  the  peace  may  appeal  from  the  final  judgment  therein  to 
the  district  court  of  the  county  wlf ere  the  court  of  such 
justice  is  held,  at  any  time  within  thirty  days  from  the 
time  of  the  rendition  of  the  judgment. 

5161.  Appeal  how  taken.  Notice  and  nndertak- 

Ing.  The  appeal  shall  be  taken  by  giving  notice  and  by 
filing  an  undertaking  by  or  on  behalf  of  the  appellant,  in 
at  least  double  the  amount  of  the  fine  or  of  the  fine  and 
costs,  as  the  case  may  be,  with  at  least  two  good  and  suffi- 
cient sureties,  and  conditioned  that  the  appellant  will  ap- 
pear at  the  first  term  of  the  court  thereafter  to  which  the 
appeal  is  taken  and  answer  the  charge  of  which  he  shall 
have  been  convicted,  or  will  ajfpear  in  whatever  court  it 
may  be  prosecuted,  and  will  at  all  times  hold  himself  amen- 
able to  the  orders  and  process  of  such  court,  and  if  convicted 
will  appear  for  judgment  and  surrender  himself  in  execu- 
tion thereof;  or,  if  he  fails  to  perform  either  of  these  con- 
ditions, that  the  sureties  will  pay  to  the  state  of  Utah  or  to- 


Relative  to  Cities  and  Towns. 


81 


the  municipal  corporation  as  the  case  may  be,  the  sum  spe- 
cified in  the  undertaking. 

5162.  Notice  of  a})peal  to  be  filed  and  served. 

Notice  of  appeal  shall  be  filed  with  the  justice,  and  a copy 
thereof  shall  be  served  on  the  county  attorney. 

In  cities  on  cit_v  attorney  or  mayor.  Ord. 

5163.  Justice  to  transmit  papers  on  appeal. 
De})Osit.  The  justice  must,  within  ten  days  after  an  ap- 
peal is  perfected,  transmit  to  the  clerk  of  the  district  court 
all  papers  relating  to  the  case  and  a certified  copy  of  his 
docket.  If  money  shall  have  been  deposited  in  lieu  of  bond, 
it  must  accompany  the  return. 

5164.  Witnesses  may  be  required  to  give  bonds. 
When  an  appeal  is  taken,  the  justice  must,  if  application  is 
made  by  the  county  attorney,  cause  all  material  witnesses 
on  behalf  of  the  prosecution  to  enter  into  an  undertaking 
in  like  manner  as  in  a case  where  a defendant  is  held  to 
answer  on  preliminary  examination. 

5165.  Trial  anew  in  district  court.  Dissmissal 
of  appeal.  An  appeal  duly  perfected  transfers  the  action 
to  the  district  court  for  trial  anew.  The  appeal  may  be 
dismissed  on  either  of  the  following  grounds: 

1.  For  failure  to  take  the  same  in  time. 

2.  For  failure  to  appear  in  the  district  court  when  re- 
quired. 

3.  For  failure  to  file  a sufficient  undertaking;  provided^ 
that  no  appeal  shall  be  dismissed  for  any  insufficiency  or 
informality  in  the  undertaking,  if  the  defendant  files  a suf- 
ficient undertaking  in  pursuance  of  an  order  of  court.  If 
the  appeal  is  dismissed,  a copy  of  the  order  of  dismissal 
must  be  remitted  to  the  justice,  who  may  proceed  to  enforce 
the  judgment. 

5166.  Dismissal  of  comi>laint  on  appeal. 
Orouiids.  The  complaint,  on  motion  of  defendant,  may 
be  dismissed  upon  the  following  grounds: 


82 


Statutoky  Provisions. 


1.  That  the  justice  did  not  have  jurisdiction  of  the  of- 
fense. 

2.  That  more  than  one  offense  is  charg-ed  therein. 

3.  That  the  facts  stated  do  not  constitute  a public  of- 
fense. 

5167.  Defendant  to  plead  anew.  Procedure. 

If  the  defendant  does  not  object  to  the  complaint  for  any  of 
the  causes  above  specified,  or  if  his  objections  are  overruled, 
he  must  be  required  to  plead  as  to  an  indictment  or  inform- 
ation, without  regard  to  any  plea  entered  before  the  just- 
ice. In  other  respects,  the  proceedings  shall  be  the  same 
as  in  criminal  actions  originally  commenced  in  the  district 
court,  and  judgment  shall  be  rendered  and  carried  into 
effect  accordingly. 


GENERAL  PROVISIONS. 

5168.  Subpoenas:  proceedings  governing.  A just- 
ice of  the  peace  may  issue  subpoenas  for  witnesses  or  for  in- 
terpreters, and  punish  disobedience  thereof,  as  provided  in 
chapter  forty-seven  of  this  code.  The  names  of  all  the 
witnesses  desired  by  both  parties  may  be  included  in  the 
same  subpoena. 

5169.  Bail:  provisions  governing.  The  defend- 
ant at  any  time  after  his  arrest  and  before  conviction,  may 
be  admitted  to  bail.  The  provisions  of  chapter  forty-five 
of  the  code  of  criminal  procedure  in  district  courts,  relative 
to  bail,  shall  be  applicable  to  bail  in  justices’  courts. 

5170.  Contempt:  provisions  governing.  The  pro- 
visions of  the  code  of  civil  procedure  in  justices’  courts,  re- 
lative to  contempts,  shall  be  applicable  to  the  criminal 
procedure  in  justices’  courts. 

5171.  Entitling  affidavits:  provisions  governing. 

The  provisions  of  section  five  thousand  and  seventy-nine 
in  respect  to  entitling  affidavits  are  applicable  to  justices’ 
courts. 


Relative  to  Cities  and  Towns. 


83 


5172.  Competency  of  witnesses:  provisions  gov- 
erning. The  provisions  of  chapter  forty-six  of  this  code, 
relative  to  the  competency  of  witnesses,  shall  be  applicable 
to  the  criminal  procedure  in  justices’  courts. 

5173.  When  justice  may  depute  a person  to  act 
as  constable.  A justice  of  the  peace  may  depute  in 
writing-  any  suitable  and  discreet  person  to  act  as  constable 
when  no  constable  is  at  hand,  and  the  nature  of  the  busi- 
ness requires  immediate  action. 


ACTS 


PASSED  BY  THE  THIRD  STATE  LEGISLATURE, 

1899. 


AN  ACT  RELATING  TO  THE  POWERS  OF  CITY  COUNCILS. 


Be  it  enacted  by  the  Les;hlature  of  the  State  of  Utah. 

Section  1.  The  city  council  of  any  city  shall  have  the 
power  to  require  the  tracks  of  any  steam  or  street  railway 
company  to  be  taken  up  and  removed,  which  shall  have 
been  laid  upon  the  streets,  alleys,  or  hig-hways'of  the  city, 
and  which  tracks  remain  in  said  streets  and  hig-hways  of 
the  city,  contrary  to  the  terms  of  the  franchise  of  the  said 
company,  or  which  is  declared  by  the  city  council  a nui- 
sance, or  which  said  railway  company  has  failed  to  operate 
for  a period  of  nine  (9)  months  prior  to  the  time  when 
such  nuisance  shall  be  declared;  and  shall  have  the  power 
to  declare  any  of  the  acts  specified  in  this  section  a nuisance. 

Sec.  2.  The  city  council  of  any  city  shall  have  power 
to  require  any  steam  or  street  railway  company  to  place 
g-ates  at  any  place  along-  its  tracks,  erect  viaducts  over  the 
tracks,  and  is  hereby  authorized  to  desig-nate  the  places 
where  such  g-ates  shall  be  placed,  and  the  nature,  kind  and 
quality  of  such  g-ates. 

Sec.  3.  This  act  shall  take  effect  upon  approval. 


Relative  to  Cities  and  Towns. 


83  b. 


AN  ACT  PROVIDING  FOR  THE  EXPENSES  OF  ASSESSING  AND 
COLLECTING  TAXES  IN  CITIES  OF  THE  FIRST,  SECOND 
AND  THIRD  CLASS,  ALSO  INCORPORATED  TOWNS. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Utah: 

Section  1.  'That  section  2695  of  the  Revised  Statutes 
of  Utah,  1898,  be  amended  to  read  as  follows: 

Sec.  2695.  Each  city  of  the  first  class  shall  pay  to  the 
county  in  which  it  is  situated,  one-half  of  one  per  cent,  and 
each  city  of  the  second  class  shall  pay  to  the  county  one  per 
cent  on  the  amount  of  taxes  collected,  and  such  payments 
shall  be  in  full  for  the  services  and  compensation  of  the 
county  assessor,  county  auditor  and  county  treasurer  and 
all  other  county  officers  in  assessing,  collecting  and  paying 
over  the  city  tax,  and  cities  of  the  third  class  and  incorpor- 
ated towns  shall  pay  to  the  county  one-half  of  one  per  cent 
on  the  taxes  collected  in  such  city  or  town  in  full  for  the 
services  and  compensation  of  the  county  assessor  in  assess- 
ing the  tax  and  preparing  the  copy  of  the  assessment  roll 
as  provided  in  sections  2687  and  2688  of  the  Revised  Stat- 
utes of  Utah  of  1898. 

AN  ACT  Providing  for  the  suppression  of  nuisances  and 
CONTAGIOUS  diseases,  PRESCRIBING  QUARANTINE 
RULES  AND  REGULATIONS  THEREFOR,  AND 
RELATING  TO  BURIAL  PERMITS  AND 
HEALTH  OF  SCHOOLS. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Utah : 

NUISANCE. 

Sec.  1.  Whatever  is  dangerous  to  human  life  or  health, 
and  whatever  renders  soil,  air,  water  or  food  impure  or  un- 
wholesome, are  declared  to  be  nuisances  and  to  be  illegal, 
and  every  person,  either  owner,  agent  or  occupant,  having 
aided  in  creating  or  contributing  to  the  same,  or  who  may 
support,  continue  or  retain  any  of  them,  shall  be  deemed 
guilty  of  a misdemeanor. 


S3  r. 


Statutory  Provisions. 


Skc.  2,  No  house  refuse,  offal,  garbage,  dead  animals, 
decaying  vegetable  matter,  or  organic  waste  substance  of 
any  kind,  shall  be  thrown  or  allowed  to  remain  upon  any 
street,  road,  ditch,  gutter,  public  place,  private  premises, 
vacant  lot,  water  course,  lake,  pond,  spring  or  well. 

Sec.  3.  Whenever  a complaint  is  made  in  writing  or 
otherwise  to  the  board  of  health,  the  executive  officer  there- 
of, or  a regularly  appointed  inspector,  shall  forthwith  in- 
vestigate the  matter  and  shall  determine  whether  the  al- 
leged nuisance  is  detrimental  to  the  public  health,  or  the 
cause  of  any  special  disease  or  mortality;  and  in  case  he 
shall  so  find,  then  he  shall  notify  the  occupant,  or  if  unoc- 
cupied, the  owner  or  agent  of  said  premises,  in  writing,  of 
such  finding,  and  shall  order  and  direct  the  abatement  and 
removal  of  the  same  within  two  days;  and  in  the  event  of 
the  failure  of  the  occupant,  or  if  unoccupied,  the, owner  or 
agent  of  said  property  to  abate  and  remove  the  nuisance, 
then  the  executive  officer  may  proceed  to  abate  and  remove 
the  same,  and  may  employ  all  the  force  necessary  to  do  so. 

Sec.  4.  No  privy  vault,  cess-pool,  or  reservoir  into 
which  a privy,  water  closet,  stable  or  sink  is  drained,  shall 
be  established  or  permitted  within  fifty  feet  of  any  well, 
spring  or  other  source  of  water  used  for  culinary  or  drink- 
ing purposes,  without  written  permission  from  the  board  of 
health,  based  upon  the  advice  of  the  medical  health  officer. 

Sec.  5.  No  pig  pen  shall  be  built  or  maintained  with- 
in one  hundred  feet  of  any  well  or  spring  of  water  used  for 
drinking  purposes,  or  within  fifty  feet  of  any  street  or  any 
inhabited  house. 

Sec.  6.  Hog  yards  and  piggeries  will  not  be  permitted 
within  100  feet  of  any  natural  stream  or  water  course,  and 
the  drainage  of  a piggery  shall  in  no  case  be  permitted  to 
reach  any  natural  stream  until  said  drainage  has  been  puri- 
fied. 

Sec.  7.  The  feeding  of  animals  dead  from  natural 
causes,  to  pigs,  will  not  be  allowed.  Offal  shall  not  be  fed 


Relative  to  Cities  and  Towns.  83  d. 

to  pig-s  for  at  least  a month  before  they  are  killed.  The 
animals  to  be  killed  shall  be  removed  from  the  pen  where 
offal  is  fed  and  shall  be  fed  on  g-rain  or  other  wholesome 
food.  Offal  from  hog-s  shall  not  be  fed  to  hog-s.  Offal  from 
hog-s  shall  be  burned  or  buried. 

Sec.  8.  No  hog-  ranch  or  pig-g-ery  for  g-arbag-e  or  offal 
feeding-,  where  more  than  fifty  head  of  swine  are  kept, 
shall  be  established  or  maintained  without  a permit  from  a 
health  authority. 

CONTAGIOUS  DISEASES. 

Sec.  9.  The  necessary  rules  and  reg-ulations  concern- 
ing- cholera,  small-pox,  yellow  fever,  diphtheria,  scarlet 
fever,  typhoid  fever,  whooping-  coug-h,  measles,  and  other 
contagious  and  infectious  diseases,  shall  be  enforced  by  the 
local  boards  of  health,  under  the  supervision  of  the  health 
officer;  and  all  public  officers  of  the  town,  city  or  county,  in 
their  proper  capacities,  are  hereby  commanded  and  enjoined 
to  assist  the  said  board  of  health  in  the  enforcement  of  said 
rules  and  regulations. 

Sec.  10.  No  person  or  thing  liable  to  propagate  any 
of  the  contagious  diseases  enumerated  in  the  above  section, 
shall  be  brought  within  the  limits  of  the  State  without  the 
special  permit  and  direction  of  the  State  Board  of  Health, 
and  whenever  it  shall  come  to  the  knowledge  of  any  person 
that  such  person  or  thing  has  been  brought  within  such 
limits,  he  shall  immediately  give  notice  thereof  to  a mem- 
ber of  the  said  board,  together  with  the  location  thereof. 
No  person  shall,  within  the  limits  of  the  State,  without  a 
permit  from  the  local  board  of  health,  carry  or  remove  from 
one  building  to  another  any  person  afflicted  with  such  con- 
tagious disease.  Nor  shall  an}"  person  afflicted  with  such 
contagious  disease,  or  liable  to  communicate  or  spread  the 
contagion  thereof,  be  shipped  or  removed  from  one  town  or 
place  to  any  other  town  or  place,  except  under  the  charge 
and  direction  of  the  board  of  health,  and  with  proper  pre- 
cautions against  the  spread  of  the  contagion. 


83  (?. 


Statutoky  Provisions. 


Sec.  11.  Upon  satisfactory  information  of  the  ap- 
proach to,  or  transit  throug'h  the  State  of  Utah,  of  infected 
persons  or  g*oods,  it  shall  be  the  duty  of  the  secretary,  as 
executive  officer  of  the  board,  to  cause  the  same  to  be 
stopped  at  the  state  line,  or,  if  found  within  the  limits  of 
the  State,  to  cause  such  persons  or  g-oods  to  be  removed 
from  cars,  stag^es,  or  other  conveyances,  and  securely  isola- 
ted and  disinfected.  In  cases  coming'  under  the  jurisdiction 
of  natural  or  municipal  quarantine  authorities,  he  shall  co- 
operate with  said  authorities  in  all  such  action. 

QUARANTINE  RULES. 

Sec.  12.  It  shall  be  the  duty  of  every  physician  or 
other  person  caring-  for  the  sick  in  the  State  of  Utah,  to 
make  a report  to  the  local  board  of  health,  on  forms  fur- 
nished by  the  said  board,  immediately  after  such  person  be- 
comes aware  of  the  existence  of  any  case  of  scailet  fever, 
diphtheria,  whooping-  coug^h,  smallpox  or  typhoid  fever  in 
his  or  her  charg-e;  should  additional  cases  occur  in  the  same 
family  they  shall  be  reported  in  the  same  manner  as  the 
first  case,  and,  in  case  such  person  shall  fail  to  so  report  in 
twenty-four  hours,  said  person  shall  be  deemed  g'uilty  of  a 
misdemeanor. 

Sec.  13.  The  place  wherein  an}^  person  or  persons  are 
located  having-  any  of  the  diseases  mentioned  in  section  12 
of  this  act,  except  typhoid  fever,  and  whooping-  coug-h, 
shall  have  displayed  thereon  a yellow  flag-,  upon  which  is 
printed  in  plain  black  letters,  the  name  of  the  disease  which 
therein  exists. 

Sec.  14.  The  quarantine  flag-  shall  be  allowed  to  re- 
main at  least  twenty-one  (21)  days  after  scarlet  fever,  and 
fourteen  (14)  days  after  diphtheria  is  first  reported,  arid  it 
shall  be  unlawful  for  any  person  or  persons  to  remove  or 
interfere  in  any  way  with  said  flag  without  permission  from 
the  board  of  health.  In  case  of  death  the  flag  shall  remain 
for  a period  of  not  less  than  seven  (7)  days,  and  longer  un- 
less the  board  of  health  is  satisfied  that  all  proper  means 


Relative  to  Cities  and  Towns.  83  f. 

have  been  employed  for  preventing-  the  spread  of  contag-ion. 
Any  person  having-  whooping-  coug-h  shall  be  quarantined 
in  every  respect  the  same  as  in  scarlet  fever  as  described 
herein,  except  that  there  may  be  no  flag-  displayed. 

Sec.  15.  No  person  who  is,  or  who  has  been  affected 
with  any  of  the  diseases  named  in  section  12  of  this  act,  ex- 
cept typhoid  fever,  shall  be  permitted  to  leave  the  house  in 
which  he  or  she  resides,  without  a permit  from  the  board 
of  health,  to  be  issued  on  receipt  of  a certificate  from  the 
attending-  physician  that  all  dang-er  of  communicating-  the 
disease  has  passed;  and  no  person  residing-  or  lodg-ing  in  a 
house  wherein  such  disease  is  present  shall  be  permitted  to 
leave  the  house  without  permission  from  the  board  of 
health.  Twenty-one  (21)  days  must  have  elapsed  after  the 
quarantine  has  been  removed  from  the  place  wherein  scar- 
let fever,  and  fourteen  (14)  days  wherein  diphtheria  has 
existed,  before  a permit  to  attend  school  will  be  g-ranted 
the  person  who  was  affected  with  the  disease.  Other  per- 
sons residing-  in  the  house  will  be  allowed  to  attend  school 
upon  the  removal  of  the  quarantine,  provided  they  first  ob- 
tain a permit  from  the  board  of  health,  which  shall  be  pre- 
sented at  the  school. 

Sec.  16.  Any  person  who  g-ives,  lends,  sells,  transmits, 
or  exposes,  without  previous  disinfection  according-  to  the 
rules  of  the  board  of  health,  any  bedding-,  clothing-,  rag-s 
or  other  objects  which  have  been  exposed  to  infection  from 
any  of  the  above  diseases,  shall  upon  conviction,  be  deemed 
guilty  of  a misdemeanor. 

Sec.  17.  Any  person  who  knowingly  has  conveyed  a 
person  affected  with  a contag-ious  disease,  shall  be  deemed 
guilty  of  a misdemeanor,  unless  he  shall  have  immediately 
disinfected  his  conveyance  in  a thorough  manner. 

Sec.  18.  The  owner  or  agent  of  any  house  in  which  a 
person  has  been  suffering  from  any  contagious  disease  who 
shall  knowingly  let  it  or  part  of  it  for  hire  without  having 
previously  disinfected  it,  and  all  articles  therein  liable  to 


Statutory  Provisions. 


83^. 

disinfection  according- to  the  rules  of  the  board  of  health, 
shall  be  deemed  g-uilty  of  a misdemeanor.’ 

BURIAL  PERMITS. 

Sec.  19.  No  burial  or  interment  shall  be  lawful  in  the 
State  of  Utah,  nor  shall  any  dead  body  be  removed  from 
said  State  until  a permit  for  such  burial,  interment  or  re- 
moval shall  have  been  first  obtained  from  the  board  of 
health  of  the  county,  city  or  town  in  which  it  is  situated. 

Sec.  20.  Such  permit  shall  be  issued  by  the  board  of 
health  upon  receipt  of  the  usual  certificate  of  death,  signed 
by  the  attending-  physician  in  the  case;  or,  if  none,  by  two 
reputable  citizens;  or,  if  the  death  be  the  subject  of  an  in- 
quest, by  the  coroner  or  other  officer  holding  such  inquest. 
The  said  permit  shall  set  forth,  as  nearly  as  possible,  the 
name,  ag-e,  color,  sex,  place  of  birth,  occupation,  date,  lo- 
cality, and  the  cause  of  death  of  the  deceased.  And  no  cer- 
tificate shall  be  received  upon  which  to  g-rant  such  permit, 
unless  sig-ned  by  a physician,  coroner,  or  two  reputable 
citizens,  reg-istered  as  such  under  his  or  their  proper  sig-na- 
ture  at  the  office  of  such  board  of  health,  health  officer  or 
other  authorized  officer  or  person;  Provided^  that  in  cities 
of  the  first  and  second  class  it  shall  be  the  duty  of  the 
health  officer  to  investig-ate  all  cases  of  death  in  which  the 
death  certificate  is  sig-ned  by  any  other  person  than  a phy- 
sician or  coroner,  with  a view  of  determining-  the  cause  of 
same,  and  when  he  shall  have  so  determined,  he  shall  affix 
his  signature  to  the  certificate. 

Sec.  21.  Any  undertaker  or  sexton  and  each  and  every 
other  person  engaged  or  concerned  in  a burial  in  violation 
of  the  provisions  of  this  act,  and  the  officers  and  employees 
of  any  transportation  company,  or  any  other  person  or  per- 
sons engaged  or  concerned  in  the  removal  of  a dead  body 
from  said  State  in  violation  of  the  provisions  of  this  act, 
shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  22.  The  board  of  health  shall  enter  in  a suitable 
book  to  be  kept  for  that  purpose,  a record  of  all  burial  per- 


Relative  to  CitiEvS  and  Towns. 


83  h. 


n.ils  issued,  specifying'  the  date  of  issue  and  to  whom  issued, 
together  with  all  the  items  of  information  contained  in  the 
certificates  upon  which  the  issue  of  such  permits  is  based. 

Sec.  23.  The  transportation  or  removal  of  bodies  or 
persons  who  have  died  of  smallpox,  cholera,  yellow  fever, 
diphtheria,  or  other  disease  dangerous  to  the  public  health, 
is  forbidden  within  the  limits  of  the  State  except  in  con- 
formit}"  with  the  rules  and  regulations  of  the  State  board 
of  health  concerning  the  same.  And  no  burial  or  exhuma- 
tion of  any  body  shall  be  permitted  in  the  night  time  unless 
for  good  reasons,  to  be  entered  in  full  upon  the  record  book 
above  provided  for. 

SCHOOLS. 

Sec.  24.  The  local  beards  of  health  shall  have  juris- 
diction in  all  matters  pertaining  to  the  preservation  of  the 
health  of  those  in  attendance  upon  the  public  and  private 
schools  in  the  State,  to  which  end  it  is  hereby  made  the 
duty  of  each  of  the  local  boards  of  health, 

(1.  ) Vo  exclude  from  said  schools  any  person,  includ- 
ing teachers,  suffering  with  a contagious  or  infectious  dis- 
ease, whether  acute  or  chronic,  or  liable  to  convey  such 
diseases  to  those  in  attendance. 

(2. ) To  make  regular  inspections  of  all  school  build- 
ings and  premises,  as  to  their  hygienic  condition,  and  to  re- 
port on  forms  that  shall  be  furnished  by  the  State  board  of 
health,  the  result  of  such  insf  ections  to  those  having  charge 
^and  control  of  such  schools,  with  instructions  as  to  the  rem- 
edy of  conditions  (if  any  such  be  found)  whereby  the  health 
of  those  in  attendance  may  be  impaired  or  life  endangered. 
A copy  of  said  report  shall  also  at  the  same  time  be  sent  to 
the  Slate  board  of  health. 

Sec.  25.  In  the  event  of  failure  or  refusal  of  those 
having  such  charge  and  control  to  carry  out  the  instructions 
so  given,  then  the  board  of  health  shall  cause  such  faulty 
conditions  to  be  remedied  at  the  proper  cost  and  expense 
of  those  having  charge  and  control  of  the  school. 

Sec.  26.  Any  person  who  violates,  disobeys,  omits, 
neglects,  or  refuses  to  comply  with,  or  resists  any  of  the 
provisions  of  this  chapter,  or  who  refuses  or  neglects  to 
obey  any  of  the  rules,  orders,  proclamations  or  sanitary 
regulations  of  the  board  of  health,  health  officer,  or  mayor, 
or  who  omits,  neglects  or  refuses  to  comply  with,  or  who 
resists  any  officers  or  orders  or  special  regulations  of  said 
board  of  health,  health  officer,  or  mayor,  shall,  upon  con- 
viction, be  deemed  guilty  of  a misdemeanor. 


AN  ORDINANCE 

REVISING  AND  ARRANGING  THE 

Ordinances  of  Epi^raim  City. 

CHAPTER  I. 


GENERAL  PROVISIONS. 

Be  it  ordained  hy  the  City  Council  of  Ephraim  City  as 
follows'. 

Section  1.  Repealing  existing  ordinances.  The 
ordinances  contained  in  this  chapter  and  the  chapters  fol- 
lowing- shall  be  known  as  the  “Revised  Ordinances,”  and 
so  far  as  their  provisions  are  the  same  in  effect  as  those  of 
previously  existing-  ordinances,  they  shall  be  construed  as 
continuations  thereof;  but  subject  to  the  above  limitation 
and  the  provisions  of  the  next  section.  All  ordinances  of 
the  city  heretofore  in  force  are  hereby  repealed. 

Secs.  177-8,  pp.  8,  9. 

Sec.  2.  Accrued  rights.  These  revised  ordinances 
shall  not  affect  any  act  done,  any  right  accrued,  any  penal- 
ty incurred,  any  suit,  prosecution  or  proceeding  pending, 
or  the  tenure  of  office  of  any  person  holding  office,  at  the 
time  when  they  take  effect;  nor  shall  the  repeal  of  any  or- 
dinance thereby  have  the  effect  of  reviving  any  ordinance 
theretofore  repealed  or  superseded. 

Secs.  17"; -8,  pp.  8,  9. 


Revised  Ordinances. 


85 


Sec.  3.  3It‘a:Uiii^  of  words.  Words  used  in  these 
revised  ordinances  in  the  present  tense  include  the  future  as 
well  as  the  present;  words  used  in  the  masculine  gender  in- 
clude the  feminine  and  neuter;  the  sing-ular  number  includes 
the  plural,  and  the  plural  the  sing-ular;  the  word  person  in- 
cludes firm  and  corporation  as  well  as  a natural  person. 

Sec  4.  Penalty  for  violatiiij>*  ordinances.  Who- 
ever violates  any  provision  of  any  ordinance  of  the  city, 
whether  included  in  these  revised  ordinances  or  ordinances 
hereafter  enacted,  shall,  unless  other  provision  is  made  be 
liable  to  a penalty  of  not  more  than  one  hundred  dollars-for 
each  offense,  or  to  imprisonment  for  ninety-nine  days,  or 
both  such  fine  and  imprisonment. 

S 206,  Sub.  88,  p.  27. 

Sec.  5.  Who  liable  to  penalty.  When  anything^ 
is  prohibited  in  an  ordinance,  not  only  the  persons  actually 
doing-  the  prohibited  thing-,  but  also  the  employers  and  all 
other  persons  concerned  therein,  shall  be  liable  to  the  pen- 
alty-prescribed. 

Sec.  6.  Implied  power  to  license.  When,  in  an 
ordinance,  anything-  is  prohibited  from  being-  done  without 
the  license  of  a certain  officer  or  officers,  such  officer  or  offi- 
cers shall  have  the  power  to  license  such  thing-  to  be  done. 

Sec.  7.  The  word  “street.”  The  words  “street” 
and  “streets,”  when  used  in  an  ordinance,  shall  be  construed 
as  including-  alleys,  lanes,  courts,  public  squares,  public 
places  and  sidewalks,  unless  such  construction  would  be  in- 
consistent with  the  manifest  intent  of  the  ordinance. 

Sec.  8.  When  ordinance  f^oes  into  effect.  An 

ordinance,  unless  otherwise  expressly  provided  therein, 
shall  not  g-o  into  effect  until  twenty  days  after  the  date  of 
its  passag-e  and  publication. 

Sec.  205,  p.  13. 

Sec.  9.  Constitutional  and  statutory  provisions 
adopted.  The  provisions  of  the  constitution  and  statutes 
of  the  State  of  Utah  relative  to  cities  of  the  third  class  are 


S') 


Rev.sed  Ordinances. 


here’iy  declared  to  have  the  same  force  and  effect  as  if  the 
provisions  thereof  had  been  specially  ordained.  ^ 

Sec.  177.  p.  8. 

Sec.  10.  Accouiitiiig — monthly.  It  shall  be  the 
duty  of  all  officers  and  agents  of  the  city  to  keep  a true  and 
correct  account  of  all  funds  collected  or  received  by  them 
for  the  city  and  pay  the  same  into  the  cit}-  treasury  on  or 
before  the  last  day  of  each  calendar  month. 

§ 2 Art,  XXI,  Con.  p.  5.  § 201,  p.  28.  Penalty,  § 4,  chap.  I,  R.  O. 

Sec.  11.  Aiimitil  reports.  All  officers  of  the  city 
shall,  on  or  before  the  last  day  of  June  in  each  year, 
make  an  annual  report  in  writing-  to  the  mayor,  which  re- 
ports shall  show  for  each  department:  first,  the  moneys  re- 
ceived and  disbursed,  if  any,  during  the  year  last  past; 
second,  the  business  done  or  labor  performed  by  said  de- 
partment during-  ihe  preceding-  year  and  the  g-eneral  con- 
dition of  such  department  at  the  close  thereof;  third,  such 
recommendations  or  sug-g-estions  as  may  be  deemed  of  ser- 
vice and  benefit  for  the  welfare  of  the  city.  Such  reports 
shall  comprise  in  a consolidated  form,  and  for  the  whole 
year,  the  substance  of  the  quarterly  or  other  reports  re- 
quired by  law  or  ordinance.  The  reports  herein  provided 
for,  or  portions  thereof,  as  may  be  deemed  necessary  by  the 
mayor,  shall,  with  his  own  annual  report,  giving  a general 
summary  of  the  city’s  business  and  condition,  and  such 
recommendations  as  he  may  consider  advisable,  be  submit- 
ted to  the  city  council  on  or  before  the  first  Monday  of  July 
in  each  year. 

Sec.  12.  The  revised  ordinances  to  he  in  force 

wli  en.  The  “Revised  Ordinances”  shall  take  effect  and 
be  in  full  force  on  and  after  the  date  of  their  passage  and 
approval. 


CHAPTER  II. 

elections  and  officers. 

Sec.  1.3.  Elective  officers.  Terms.  A municipal 


Revised  Ordinances. 


87 


election  shall  be  held  in  this  city  on  the  Tuesday  next  after 
the  first  Monday  in  November,  1899,  and  biennially  there- 
after, for  the  election  of  the  following-  officers  of  the  citv, 
viz:  a mayor,  five  councilmen,  a recorder,  treasurer,  mar- 
shal and  a justice  of  the  p^ace,  who  shall  qualify  and  enter 
upon  the  duties  of  their  respective  offices  on  the  first  Mon- 
day in  January  next  succeeding-  their  election,  and  continue 
in  office  for  two  years,  and  until  their  successors  are  duly 
elected  and  qualified. 

S 213,  p.  29,  Who  elig'ible  to  office,  § 221,  p.  30. 

Sec.  14.  Elections,  how  held.  All  g-eneral  and 
special  elections  within  this  city  shall  be  held  and  conduc- 
ted, and  returns  made  thereof  as  is  now  or  may  hereafter 
be  provided  by  law. 

Municipal  elections  §§  887-891,  pp.  62,  63.  Reg-istration,  etc.,  SS  316-821,  pp.  60,61. 

Sec.  15.  Oath  and  bonds  ofofiicers.  Before  en- 
tering- upon  the  discharg-e  of  their  duties,  all  elected  and  ap- 
pointed officers  of  the  city  shall  take  and  subscribe  the  oath 
or  affirmation  required  by  law,  and  g-ive  bond,  with  two  or 
more  g-ood  and  sufficient  sureties,  payable  to  the  city,  con- 
ditioned for  the  faithful  performance  of  their  duties. 

Oath,  g 10,  Art.  IV,  C'on  , p.  1.  Id.  Bond.  §216,  p.  29,  § 206,  Sub.  88,  p.  26. 

Sec.  16.  Id.  Approval.  The  bond  of  the  mayor 
shall  be  approved  by  the  city  council,  and  the  bonds  of  all 
other  officers  by  the  mayor. 

Sec.  17.  Amount  of  bond.  The  amount  for  which 
the  respective  officers  shall  g-iv^e  bond  as  above  stated,  shall 
be  as  follows,  to  wit:  mayor,  recorder,  justice  of  the  peace, 
and  marshal,  $1000  each.  The  treasurer  not  less  than  the 
amount  of  the  whole  revenues  of  the  city  for  the  current 
year.  All  other  elective  or  appointive  officers,  $500  each. 

Treasurer’s  bond,  etc.,  § 216,  p.  29.  Additional  Id.,  § 218,  p.  30. 

Sec.  18.  Where  filed.  All  bonds  g-iven  by  the  offi- 
cers of  the  city  shall  be  filed  with  the  recorder,  except  the 
bond  of  the  recorder,  which  shall  be  filed  with  the  treas- 
urer. 

Sec.  218,  p.  30. 


88 


Revised  Ordinances. 


MAYOR. 

Sec.  19.  Shall  si^a  licenses,  deeds,  etc.  The 
mayor  shall  sig-ii  all  licenses,  except  liquor  licenses.  In  all 
cases  where  bonds  for  liquor  licenses  are  not  approved  by 
the  mayor,  the  same  shall  be  referred  to  the  council  for 
their  final  action.  The  mayor  is  authorized’ and  empowered 
to  sig-n  his  name  officially  for  and  in  behalf  of  the  city,  and 
to  sig-n  deeds,  bonds,  bills,  notes,  oblig-ations  and  other 
ag-reements,  documents  and  other  papers  to  which  the  city 
is  a party,  when  so  directed  by  the  city  council. 

Contracts  must  be  countersig-ned  by  recorder.  Sec.  229,  p.  32. 

Sec.  20.  May  offer  reward.  The  mayor  may, 
when  necessary,  offer  a reward  for  the  apprehension  of  of- 
fenders ag^ainst  the  ordinances  of  the  city,  in  any  sum  not 
exceeding-  one  hundred  dollars. 

Sec.  21.  May  remit  flues  and  grant  pardons. 
The  mayor  is  authorized  and  empowered  to  grant  full  par- 
dons for  violations  of  the  ordinances  of  said  city,  or  to  re- 
mit so  much  of  any  fine  or  penalty  as  belongs  to  the  city, 
together  with  costs  of  prosecution,  when  to  him  it  shall 
seem  just  and  reasonable. 

Sec  189,  p.  10. 

Sec.  22.  Id.  Report.  It  shall  be  the  duty  of  the 
mayor  to  report  to  the  city  council  at  its  next  session  the 
number  of  fines  remitted  and  pardons  granted. 

Sec.  23.  Appointments  by  the  mayor.  The 

mayor,  by  and  with  the  advice  and  consent  of  the  council, 
may  appoint  at  or  before  the  first  regular  meeting  of  the 
council  in  February,  1900,  and  biennially  thereafter,  the 
following  named  officers,  who  shall  hold  their  offices  for  the 
term  of  two  years,  unless  sooner  removed  by  the  mayor 
with  the  concurrence  of  the  majority  of  the  members  of  the 
city  council,  or  by  the  city  council  with  the  concurrence  of 
the  mayor,  and  until  their  successors  are  appointed  and  qual- 
ified: a supervisor  of  streets,  a pound-keeper,  a sexton,  a 
watermaster,  a surveyor,  an  attorney,  an  inspector  of  build- 
ings, and  inspector  of  provisions,  a sealer  of  weights  and 
measures,  a superintendent  of  water  works,  three  members  of 


Revised  Ordinances. 


89 


the  board  of  health,  and  such  other  officers  as  may  be  provided 
by  law  or  ordinance;  provided^  that  vacancies  among-  the 
same  may  be  filled  at  any  time,  in  like  manner,  if  hot  other- 
wise provided  for  by  law  or  ordinance. 

Sec.  214,  p.  29.  Terms.  Oath,  bond,  etc.,  215-227,  pp.  29,  30. 

Sec.  24.  Duties — general.  The  mayor  shall  per- 
form such  other  duties  as  are,  or  may  be,  prescribed  by  law 
or  ordinance. 

Secs.  1S5-196,  pp.  10, 11.  (Solemnize  marriag-es.  Sec.  1188  R.  S.)  Secs.  213-227’ 
pp.  29,  30. 

CITY  COUNCIL. 

Sec.  25.  Time  of  meeting.  Holidays.  Adjourn- 
ed meetings.  The  stated  meetings  of  the  city  council 
shall  be  held  on  the  first  Monday  of  each  provided^ 

that  when  any  general  holiday  occurs  on  said  Monday,  the 
meeting  shall  be  held  on  the  Tuesday  next  following.  All 
meetings  may  be  adjourned  from  time  to  time  as  business 
may  require. 

Sec,  20',  p.  12.  Counctlmen,  Sec.  197-205,  pp.  11.13.  Powers  of  city  c.)uncil.  Sec. 
206-7.  pp.  13-27. 


RECORDER. 

Sec.  26.  May  appoint  deputy.  The  recorder,  by 
and  with  the  consent  of  the  city  council,  may  appoint  a 
deputy,  who,  under  the  direction  of  the  recorder,  or  in  his 
absence,  may  perform  all  the  acts  or  duties  pertaining  to 
the  office  of  recorder.  The  recorder  shall  be  responsible 
for  the  acts  of  his  deputy. 

Sec.  27.  Shall  administer  oaths  etc.  The  re- 
corder shall  have  power  to  administer  oaths.  He  shall  keep 
plats  of  all  official  surveys  within  the  city,  and  shall  deliver 
to  his  successor  in  office  the  corporate  seal,  together  with 
all  the  records  and  proceedings  of  the  city  council,  and  all 
books  or  other  property  in  his  possession,  belonging  to  said 
city. 

Sec.  28.  Report  * monthly.  The  recorder  shall 
make  a report  to  the  city  council  at  each  regular  meeting 
thereof,  showing: 


90 


Revised  Ordinances. 


First — all  funds  then  in  the  cit}^  treasury,  tog-ether 
with  amounts  then  due  and  payable  to  the  city. 

Secondly — all  claims  ag-ainst  the  city  then  due  or  to 
fall  due  before  the  next  reg-ular  meeting-  of  the  council. 

Sec.  29.  Duties  (General.  The  recorder  shall  per- 
form such  other  duties  as  are  or  may  be  prescribed  by  law 
or  ordinance. 

Sec.  228-231,  pp.  32-34. 

TKEx\SUREK. 

Sec.  30.  Keep  account  of  city  funds.  The  treas- 
urer shall  keep  in  suitable  books,  a full  account  ot  all  re- 
ceipts and  disbursements,  with  the  names  of  persons  paying 
or  receiving-  such  funds,  and  the  objects  thereof,  and  shall, 
semi-annually,  on  or  before  the  first  Monday  of  January  and 
July,  in  each  year,  present  to  the  city  council  a full  report 
of  his  receipts  and  disbursements,  with  vouchers  for  all 
sums  disbu  sed. 

Sec.  31.  Treasurer’s  deputy.  The  city  treasurer 
may,  by  and  with  the  advice  and  consent  of  the  city  coun- 
cil, appoint  a deputy,  for  whose  official  acts  he  shall  be  re- 
sponsible. 

Sec.  32.  Duties,  g;eneral.  The  treasurer  shall  per- 
form such  other  duties  as  are  or  may  be  prescribed  by  law 
or  ordinance 

Sec.s.  232-238,  pp  34,35. 

CITY  JUSTICE  OF  THE  PEACE. 

Sec.  33.  Report  monthly.  It  shall  be  the  duty  of 
'the  city  justice  of  the  peace  to  make  a report  to  the  city 
council  at  each  reg-ular^meeting-,  showing-  the  number  of 
cases  broug-ht  before  him  on  behalf  of  the  citv  during  the 
previous  month,  together  with  the  amount  of  all  lines  im- 
posed, and  those  collected  by  him. 

Sec.  34.  Duties,  goneral.  The  justice  of  the  peace 
shall  perform  such  duties,  be  governed  by  such  procedure, 
and  collect  such  fees  as  are  or  may  be  prescribed  by  law  or 
ordinance. 

Secs.  239-244,  pp.  35-37.  Secs.  5124  5173,  pp  73-82; 


Revised  Ordinances. 


91 


MARSHAL  AND  POLICE. 

Sec.  35.  Powers  and  duties  defined.  The  mar- 
shal shall,  by  himself  or  a policeman,  attend  all  regular 
and  special  meetings  of  the  city  council;  shall  have  charge 
of  the  city  hall,  and  see  that  the  same  is  lighted  and 
warmed  when  necessary;  act  as  doorkeeper  or  sergeant-at- 
arms;  execute  all  orders  of  the  mayor  or  council;  preserve 
the  peace  and  good  order  of  the  city;  quell  all  riots,  arrest 
and  bring  all  disorderly  persons  before  the  city  justice  for 
trial,  and  shall  take  from  the  person  arrested  all  offensive 
weapons  which  he  may  have  about  his  person,  and  must  de- 
liver them  to  the  city  justice.  They  shall  take  such  meas- 
ures as  shall  secure  the  peace  and  good  order  of  all  public 
meetings. 

Sec.  36.  Id.  Keei>  register.  The  marshal  shall  pro- 
vide and  cause  to  be  kept  a register  of  arrests.  Upon  such 
register  there  shall  be  entered  a statement  showing  the 
date  of  such  arrests,  the  name  of  the  person  arrested,  the 
name  of  the  officer  making  the  arrest,  the  offense  charged, 
and  a description  of  any  property  found  upon  the  person 
arrested. 

Sec.  37.  Property  taken  from  person  arrested. 
Duplicate  receipt.  When  money  or  other  property  is 
taken  from  a defendant,  arrested  upon  a charge  of  a public 
offense,  the  officer  taking  it  must  at  the  time  give  duplicate 
receipts  therefor,  specifying  particularly  the  amount  of 
money  or  the  kind  of  property  taken;  one  of  which  receipts 
he  must  deliver  to  the  defendant,  and  the  other,  with  the 
property,  except  weapons,  at  once  to  the  marshal. 

Sec.  38.  Register  of  property  to  be  kept.  The 

marshal  must  enter  in  a suitable  book  a description  of  every 
article  of  property  alleged  to  be  stolen  or  embezzled,  and 
brought  into  the  office  or  taken  from  the  person  of  a pris- 
oner, and  must  attach  a number  to  each  article,  and  make 
a corresponding  entry  thereof. 

Sec.  39.  Duties  as  jailor.  It  shall  be  the  duty  of 
the  marshal  to  take  charge  of  the  city  prison,  to  cause  the 
same  to  be  warmed  and  lighted  when  it  shall  be  necessary, 
and  kept  clean  and  in  proper  order.  He  shall  have  the  cus- 
tody of  the  inmates  thereof,  and  shall  see  to  feeding  and 
otherwise  caring  for  the  same.  He  shall  furthermore  see 
that  all  rules  for  the  government  of  the  prison  are  carried 


92 


Revised  Okdinances. 


into  effect.  He  shall  keep  a book  in  which  shall  be  entered 
the  day  and  hour  of  receiving”  a prisoner  and  the  day  and 
hour  of  his  release. 

Sec.  40.  Regulations  for  police  department 
and  prison.  The  mayor  and  marshal  are  authorized  and 
required  to  make  all  needful  rules  and  reg-ulations,  not  in- 
consistent with  the  ordinances  of  the  city,  for  the  g-overn- 
ment  and  control  of  the  police  department  and  prison. 

Sec.  41.  Oath  and  duties  of  policemen.  Every 
policeman  appointed  shall  take  an  oath  for  the  faithful  per- 
formance of  his  duties  as  policeman,  and  shall  see  that  the 
ordinances  of  the  city  are  complied  with.  The  police  shall 
be  under  the  control,  and  subject  to  the  orders,  of  the  mar- 
shal. 

Sec.  42.  Duties,  general.  The  marshal  and  police 
shall  perform  such  other  duties  as  are  or  may  be  prescribed 
by  law  or  ordinance. 

Secs.  244-248,  pp.  37,  38. 

CHAPTER  111. 

streets  and  supervisor  of  streets. 

Sec.  43.  Streets.  The  streets  of  the  city  shall  be 
and  the  same  are  hereby  named  and  designated  as  follows, 
to  wit:  The  street  running  north  and  south  on  the  cou-nty 
road,  running  to  Manti  on  the  south,  and  to  Spring  City  on 
the  north,  is  named  Main  Street;  the  street  immediately 
west  of  and  parallel  to  said  Main  Street,  is  named  A West 
Street;  the  second  street  west  of  and  parallel  to  said  Main 
Street,  is  named  B West  Street.  The  streets  running  north 
and  south,  east  of  and  parallel  to  said  Main  Street  are  named 
and  designated  as  follows,  to  wit,  respectively:  The  first  is 
named  A East  Street;  the  second  is  named  B East  Street, 
the  third  is  named  C East  Street,  the  fourth  is  named  D 
East  Street.  The  street  running  east  and  west,  immedi- 
ately north  of  the  city  hall,  is  named  and  designated  Cen- 
ter Street,  and  the  streets  south  of  and  parallel  to  said  Cen- 
ter Street,  running  east  and  west,  are  named  and  designa- 
ted as  follows,  to  wit:  The  first  shall  be  named  First  South 
Steeet,  the  second  is  named  Second  South  Street,  the  third 
is  named  Third  South  Street,  the  fourth  is  named  Fourth 
South  Street.  The  streets  running  east  and  west  north  of 


Revised  Ordinances. 


93 


and  parallel  to  said  Center  Street  are  designated  and  named 
as  follows,  to  wit;  The  first  is  named  First  North  Street, 
the  second  is  named  second  north  street;  the  third  is  named 
Third  North  Street. 

Sec.  44.  Main  Street  shall  be  six  rods  wide;  A West 
Street  shall  be  six  rods  wide;  B west  street  shall  be  four  rods 
wide;  A East  Street  shall  be  six  rods  wide;  B East  Street 
shall  be  six  rods  wide;  C East  Street  shall  be  six  rods  wide; 
D East  street  shall  be  four  rods  wide;  Center  Street  shall  be 
six  rods  wide;  First  South  Street  shall  be  four  rods  wide; 
Second  South  Street  shall  be  five  rods  wide;  Third  South 
Street  shall  be  five  rods  wide;  Fourth  South  Street  shall  be 
six  rods  wide;  First  North  Street  shall  be  six  rods  wide; 
Second  North  Street  shall  be  six  rods  wide;  Third  North 
Street  shall  be  five  and  a half  rods  wide. 

Sec  45.  Sidewalks.  The  sidewalks  on  all  of  said 
streets  shall  be  ten  feet  wide,  and  the  water-sect  shall  be 
on  the  outside  edge  of  the  sidewalk,  and  all  shade  trees  set 
thereon  shall  be  nine  feet  from  the  line  of  the  lots  on  said 
streets. 

Sec.  46.  Failure  to  keep  sidewalk  free  from 
obstructions.  Penalty.  Whoever  fails  or  neglects  to 
keep  the  sidewalk  in  front  of  his  lot  or  place  of  business  free 
from  obstructions,  shall  be  liable  to  a fine  not  exceeding 
one  hundred  dollars. 

Sec.  47.  Encroachments.  If  any  street  is  encroached 
upon  by  a fence  or  building  or  otherwise,  the  supervisor  of 
streets  may,  orally  or  in  writing,  require  the  encroachment 
to  be  removed. 

Sec.  7 p.  84. 


Sec.  48.  Id.  Notice  to  remove.  Notice  must  be 
given  to  the  occupant  or  owner  of  the  land,  or  person  caus- 
ing or  owning  the  encroachment,  or  left  at  his  place  of  re- 
sidence, if  he  be  known  and  reside  in  the  city,  if  not,  it 
must  be  posted  on  the  encroachment,  specifying  the  breadth 
of  the  street,  the  place  and  extent  of  the  encroachment,  and 
requiring  him  to  remove  the  same  within  ten  days  there- 
after. 

Sec.  7.  p.  84. 


94 


Revised  Ordinances. 


Sec.  49.  Id.  Refusal.  Penalty.  If  the  encroach- 
ment is  not  removed  or  commenced  to  be  removed,  and  the 
removal  not  dilig-ently  prosecuted,  prior  to  the  expiration  of 
the  ten  days  from  the  service  or  posting'  the  notice,  the  one 
who  caused,  owns  or  controls  the  encroachment  forfeits  ten 
dollars  for  each  day  the  same  continues  unremoved.  If  the 
encroachment  is  such  as  to  effectually  obstruct  and  prevent 
the  use  of  the  hig-hway  for  vehicles,  the  supervisor  must 
forthwith  remove  the  same. 

Sec.  50.  Id.  Action.  If  the  encroachment  is  de- 
nied, and  the  owner,  occupant,  or  person  controlling-  the 
matter  or  thing-  charg-ed  with  being-  an  encroachment,  re- 
fuses either  to  remove  or  permit  the  removal  thereof,  the 
city  council  must  direct  the  city  attorney  to  commence  in 
the  proper  court  an  action  to  abate  the  same  as  a nuisance; 
if  judg-ment  be  recovered  for  the  plaintiff,  in  addition  to 
having-  the  same  abated,  there  shall  also  be  recovered  ten 
dollars  for  every  day  such  nuisance  remained  after  notice 
g-iven  for  its  removal,  and  also  the  costs  of  the  action. 

Sec.  51.  Removal  without  action.  The  city 
council  may  at  any  time  order  the  supervisor  to  forthwith 
remove  any  such  encroachment  without  commencing^  action. 

Sec.  52.  Id.  Penalty.  If  the  encroachment  is  not 
denied,  but  is  not  removed  for  five  days  after  the  notice  is 
complete,  the  supervisor  may  remove  the  same  at  the  ex- 
pense of  the  owner,  occupant  or  person  controlling-  the 
same,  and  recover  his  costs  and  expenses, and  also  for  each 
day  the  same  remained  after  the  notice  was  complete,  the 
sum  of  ten  dollars,  in  an  action  for  that  purpose. 

Sec.  53.  Excavations  and  obstructions  in 
streets.  No  person  shall  make,  or  cause  to  be  made,  an 
excavation  in  a street  for  any  purpose  whatever  without 
a permit  from  the  city  council,  or  from  some  person  author- 
ized by  the  council,  and  subject  to  such  reg-ulations  as  the 
council  may  prescribe.  Every  application  for  such  permis- 
sion shall  be  made  in  writing-  and  sig-ned  by  the  applicant 
and  shall  set  forth  the  dimensions  of  the  proposed  exca- 
vation and  the  purpose  for  which  it  is  to  be  used;  and  every 
such  permit  shall  provide  that  the  excavation  permitted 
shall  not  be  used  for  any  purpose  other  than  that  stated  in 
the  application,  and  may  at  an}-  time  be  revoked  by  the  said 
council. 


Revised  Ordinances. 


95 


Sec.  54.  Liability  in  occupying  street.  Who- 
ever is  duly  permitted  to  occupy  a part  of  the  street, 
while  making-  an  excavation, or  for  any  other  purpose,  shall 
provide  a safe  and  convenient  passage  for  public  travel 
around  or  over  the  obstruction  so  caused,  and  shall  be  re- 
sponsible to  the  city  for  all  injuries  sustained  in  consequence 
of  his  neglect  so  to  do. 

Sec.  55.  Penalties.  Whoever  violates  any  of  the 
provisions  of  the  two  preceding  sections  of  this  chapter 
shall  be  liable  to  a penalty  of  not  less  than  five  nor  more 
than  fifty  dollars  for  each  offense,  and  to  a like  penalty  for 
every  day’s  continuance  of  such  offense. 

Sec.  5f).  Id.  Obstructions.  Removals.  No 

person  shall  put,  place,  or  cause  to  be  put  or  placed,  any- 
where upon  a public  street  or  sidewalk,  and  no  person  own- 
ing, occupying  or  having  control  of  any  premises,  shall, 
after  reasonable  notice  by  the  city  marshal  or  any  police  of- 
ficer, suffer  to  be  or  remain  in  front  thereof, upon  the  side- 
walk or  the  half  of  the  street  next  to  such  premises: 

First. — Any  broken  ware,  glass,  filth,  rubbish,  refuse 
matter,  garbage,  ashes,  tin  cans,  or  other  like  substances; 

Second. — Any  wagons,  lumber,  wood,  boxes,  fencing, 
building  material,  merchandise  or  other  thing,  which  shall 
obstruct  such  public  street  or  sidewalk,  or  an}^  part  thereof, 
or  the  free  use  and  enjoyment  thereof,  or  the  free  passage 
over  and  upon  the  same,  or  any  part  thereof,  without  the 
permission  of  the  city  council; 

Third. — Any  goods,  wares,  or  merchandise,  for  sale  or 
show  or  otherwise,  beyond  two  feet  of  the  front  line  of 
the  lot  where  such  goods,  wares  or  merchandsse  may  be 
exposed. 


96 


Revised  Ordinances. 


Sec.  57.  Penalty  for  driving,  etc.,  animals  on 
sidewalk.  Any  person  driving-  a team,  or  leading,  riding, 
or  driving  any  animal  upon  any  sidewalk  in  this  city, 
shall  be  liable  for  all  damages  accruing  thereby,  and  to  a 
fine  of  not  less  than  one  nor  more  than  fifty  dollars  for  every 
such  provided,  that  nothing  in  this  section  shall  be 

so  construed  as  to  prohibit  persons  from  crossing  the  side- 
walk to  or  from  the  adjoining  premises  with  teams  or  ani- 
mals 

Sec.  58.  Obstructing  streets  by  games  forbid- 
den. All  persons  are  hereby  forbidden  to  obstruct  the 
sidewalks  or  streets  by  games  of  any  kind,  playing  of  ball, 
quoits,  marbles,  jumping,  rolling  of  hoops,  flying  of  kites, 
to  annoy  or  obstruct  the  free  travel  of  any  foot  passenger 
or  team,  under  a penalty  of  not  less  than  one,  nor  more 
than  fifty  dollars,  or  imprisonment  not  to  exceed  twenty 
days,  or  both,  for  each  offense;  and  to  pay  all  damages. 

Sec.  59.  Hitching  posts  defined.  Every  person 
owning  a hotel,  store,  shop,  or  other  place  of  business,  or 
place  of  public  resort  fronting  on  any  street  of  this  city  is 
hereby  required  to  set  and  retain  a hitching  post,  in  the 
street  in  front  of  his  premises,  not  more  than  three  feet 
from  the  outer  edge  of  the  sidewalk  or  water  sect  thereon; 
said  post  shall  not  be  less  than  five  inches  in  diameter,  and 
four  feet  high  when  set,  and  placed  firmly  in  the  ground 
not  less  than  twenty  feet  from  any  street  crossing. 

Sec.  60.  Gates  to  swing  inward.  All  gates,  ex- 
cept such  as  swing  upon  self-closing  hinges,  adjacent  to 
sidewalks,  shall  be  s©  constructed  as  to  prevent  them  from 
opening  outwardly  upon  said  sidewalks. 

Sec.  61.  Barb  wire  fences  forbidden.  It  shall 
be  unlawful  for  any  person  to  maintain  a barb  wire  fence 


Revised  Ordinances. 


97 


adjacent  or  contig-uous  to  any  sidewalk  of  the  city  without 
permission  of  the  city  council. 

Sec.  62.  Securing  teams,  etc.  Any  person  having- 
charge  of,  or  being  the  driver  of  a team,  shall,  while  such 
team  is  standing  in  the  streets  or  any  public  place  of  said 
city,  stand  near  the  head  of  the  same,  or  have  hold  of  the 
lines  attached  to  them,  or  otherwise  secure  them  to  some 
post  or  other  substantial  place  of  fastening.  Any  person 
violating  any  of  the  provisions  of  the  four  preceding  sec- 
tions of  this  chapter  shall  be  liable  to  a fine  in  any  sum  not 
less  than  two  nor  more  than  fifty  dollars  for  each  offense. 

Sec.  63.  Carriage  steps.  Any  person  may  erect 
carriage  steps  or  platforms  across  the  water  ditch  in  front 
of  his  place  of  business  or  residence,  not  to  exceed  four  feet 
long,  three  feet  wide  and  two  feet  high,  the  work  to  be  done 
to  the  acceptance  of  the  supervisor  of  streets. 

Sec.  64.  To  take  charge  of  streets,  etc.  Make 
reports.  It  shall  be  the  duty  of  the  supervisor  of  streets 
to  take  charge  of  all  the  streets  and  sidewalks,  bridges  and 
culverts  in  the  city,  and  superintend  all  work  done  thereon, 
both  public  and  private,  whether  under  contract  or  other- 
wise; that  he  shall  at  all  times  be  subject  to  and 

act  under  the  direction  of  the  city  council.  During  the 
progress  of  any  improvement  he  shall,  at  least  once  a 
month,  report  the  progress  and  condition  of  such  improve- 
ment, and  he  shall  faithfully  observe  and  report  whether 
any  breach  is  made  in  the  terms  of  any  contract  in  pursu- 
ance of  which  any  such  work  or  improvement  is  in  progress; 
and  no  work  done  upon  the  streets  under  any  contract  shall 
be  paid  for  in  full  until  the  supervisor  of  streets  shall  re- 
port the  same  to  be  complete,  nor  until  such  report  shall  be 
endorsed  by  the  committee  on  streets  and  accepted  by  the 
city  council. 

Sec.  7,  p.  84. 

Sec.  65.  Enforce  ordinances  and  orders  of  city 

council.  The  supervisor  of  streets  shall  see  that  all  or- 
dinances, resolutions  or  orders  of  the  city  council,  relating 


98 


Revised  Ordinances. 


to  streets  are  properly  enforced  and  obeyed;  and  he  is  au- 
thorized and  required  to  take  such  measures  as  may  be  nec- 
essary to  keep  the  streets  free  from  filth  and  nuisances. 

Sec.  7,  p.  84. 

Sec.  66.  Work  prisoners.  It  shall  be  the  duty  of 
the  street  supervisor,  by  himself  or  deputy,  when  requested 
by  the  marshal,  to  take  charge  of  and  work  on  the  streets 
of  the  city,  or  elsewhere  within  the  city,  all  prisoners  sen- 
tenced to  perform  labor. 

Sec.  67.  Appoint  assistant  supervisors.  The 

supervisor  may  appoint,  by  and  with  the  advice  and  consent 
of  the  city  council,  assistant  supervisors,  as  he  may  deem 
necessary,  who  shall  be  under  his  direction,  and  for  whose 
official  acts  he  shall  be  responsible. 

Sec.  68.  Report  quarterly.  The  supervisor  shall 
make  a full  report  quarterly,  in  writing-,  to  the  city  council, 
of  all  thing’s  done,  and  of  all  moneys  expended  in  his  de- 
partment, and  for  what  purpose  expended. 

Sec.  69.  Take  charge  of  and  deliver  tools,  etc. 

It  shall  be  the  duty  of  the  supervisor  to  take  charg-e  of  all 
tools  or  other  material  or  property  belong-ing-  to  the  city  and 
employed  in  working-  the  streets.  He  shall  deliver  up  to 
his  successor  in  office,  or  to  whomsoever  the  city  council 
may  authorize  to  receive  the  same,  all  books,  papers,  vouch- 
ers, and  all  tools  and  property  of  every  kind  and  description 
under  his  control  and  belonging-  to  the  city,  and  shall  fur- 
nish a list  of  the  same  to  the  city  recorder.  He  shall  per- 
form such  other  duties  as  are  or  may  be  prescribed  b}^  law 
or  ordinance. 


CHAPTER  IV. 

’ POUND  AND  POUNDKEEPER. 

Sec.  70.  Pound  established.  A city  pound  is  here- 
by established,  and  it  shall  be  the  duty  of  the  city  council 
to  designate  by  resolution  a safe  and  secure  place  for  such 
pound  where  all  animals  seized  or  taken  up  in  pursuance  of 


Revised  Ordinances. 


99 


this  chapter  ma}'  be  impounded.  Said  pound  shall  be  un- 
der the  control  of  the  poundkeeper. 

POUNDKEEPER. 

Sec.  71.  Duties  of  i)ouiidkeeper.  It  shall  be  the 
duty  of  the  poundkeeper  to  receive  and  take  care  of  all  ani- 
mals committed  to  his  charg-e  and  provide  all  necessary 
forage  therefor,  and  use  due  diligence  to  find  the  owners  of 
said  animals,  by  examining  the  record  of  marks  and  brands 
and  otherwise,  and  notify  the  owner  if  found.  He  shall 
not  deliver  any  animal  to  the  owner  until  all  costs  are  paid. 

Sec.  72.  Notice  of  sale  of  animals.  If  within 
thirty-six  hours  after  any  animals  come  into  the  possession 
of  the  poundkeeper,  the  owners  be  not  found  he  shall  im- 
mediately advertise  the  same  by  posting  notices  for  a per- 
iod of  ten  days  in  three  of  the  most  public  places  in  the 
city,  one  of  which  places  shall  be  at  or  near  the  post  office. 
He  shall  also  immediately  deliver  a copy  of  such  notice  to 
the  recorder.  The  recorder  shall  upon  receipt  of  said  notice 
file  and  preserve  the  same  in  his  office  for  a period  of  six 
months  thereafter,  and  shall  immediately  post  a copy  there- 
of at  the  front  door  of  his  office.  The  notice  so  filed  with 
the  recorder  shall  be  open  during  reasonable  hours  for  in- 
spection by  the  public,  free  of  charge.  The  notice  herein 
provided  for  shall  contain  a description  of  the  animals 
including  all  marks  and  brands,  when  taken,  and  the  day, 
hour,  and  place  of  sale,  and  may  be  substantially  in  the 
following  form; 

NOTICE  OF  SALE. 

STATE  OF  UTAH,  | 

CITY  OF  EPHRAIM.  ^ 

I have  in  my  possession  the  following  described  ani- 
mals lawfully  impounded  which,  if  not  claimed  and  taken 
away,  will  be  sold  at  public  auction  to  the  highest  cash 

bidder  at , in  this  city,  on , the day  of 

1 , at  the  hour  of : 


100 


Revised  Ordinances, 


(Description  of  Animals.) 


Said  animals  were  impounded  in  said  city  on  the 

day  of , 1 . 

City  Poundkeeper. 

Sec.  73.  Claimants.  Sale.  Bill  of  Sale.  If  at 

an}"  time  before  the  sale  of  any  animals  they  shall  be 
claimed  and  proved  to  be  the  property  of  any  person,  the 
poundkeeper  shall  deliver  them  to  the  owner  upon  receiving- 
from  him  the  cost  of  impounding,  keeping,  and  advertising 
the  same.  If  the  animals  are  not  so  claimed  and  taken 
away,  he  shall,  at  the  time  and  place  mentioned  in  the  no- 
tice, proceed  to  sell  the  same,  one  at  a time,  to  the  highest 
cash  bidder,  and  shall  execute  and  deliver  a bill  of  sale 
transferring  said  animals  to  the  purchaser  or  purchasers 
thereof,  which  bill  of  sale  shall  be  substantially  in  the 
following  form: 

I hereby  certify  that  in  pursuance  of  the  law  regu- 
lating the  disposal  of  impour.ded  animals,  I have  this  day 

sold  to , for  the  sum  of  $ ,he  being  the  highest 

bidder, head  of , described  as  follows,  to  wit: 


Witness  my  hand  this day  of , 1 . 

Poundkeeper  of city, county.  State  of  Utah. 

The  poundkeeper  shall  immediately  file  a copy  of  such 
bill  of  sale  with  the  recorder.  The  copy  so  filed  with  the 
recorder  shall  be  preserved  for  a period  of  two  years  and 
shall  be  open  to  inspection  during  all  reasonable  hours  free 
of  charge.  Such  bill  of  sale  shall  transfer  and  vest  in  such 
purchaser  the  full  title  to  the  animals  thus  transferred. 

Sec.  74.  Record  of  impounded  aiiimaKs.  The 

poundkeeper  shall  keep  an  accurate  record  of  all  impounded 
animals  received  by  him,  their  age,  color,  sex,  marks,  and 
brands,  the  time  and  place  of  taking  and  the  expense  of 
keeping  and  selling  the  same,  all  animals  claimed  and 


Revised  Ordinances. 


101 


taken  away,  all  animals  sold  and  to  whom  so  sold  and  the 
amount  paid,  all  moneys  paid  to  owners  after  sale,  all 
moneys  paid  into  the  city  treasury,  and  all  other  matters 
necessary  to  a compliance  with  the  provisions  of  this  chap- 
ter. The  city  council  shall  provide  the  poundkeeper  with 
a suitable  book,  in  which  shall  be  entered  the  records  re- 
quired by  law  to  be  kept  by  the  poundkeeper.  Such  records 
shall  be  open  to  the  inspection  of  the  public  at  all  reason- 
able hours,  and  shall  be  deposited  by  the  poundkeeper  with 
his  successor  in  office. 

S 206  Sub.  Div.  68  p,  24.  Title  2,  Animals,  R.  S,  p.  94-9. 

Sec.  75.  Disposition  of  proceeds  of  sale.  The 

net  proceeds  of  the  sale  of  all  animals  made  in  pursuance 
of  this  chapter  shall  be  paid  into  the  city  treasury,  subject 
to  the  order  of  the  owners  of  said  animals,  if  applied  for 
within  six  months  from  the  date  of  sale;  if  not  applied  for 
by  the  owners  within  that  time,  the  cit}^  treasurer  shall 
place  the  amount  to  the  credit  of  the  city  revenue. 

Sec.  76.  Cattle  running-  at  large,  etc.  It  shall 
be  the  duty  of  the  marshal  and  police  to  impound  all  cattle, 
horses,  mules,  sheep,  goats  or  swine  running  at  large,  or 
herded,  picketed  or  staked  out  upon  any  street,  sidewalk  or 
any  other  public  place  within  the  limits  of  the  city;  pro- 
vided^ that  nothing  herein  contained  shall  be  so  construed 
as  to  prevent  any  person  from  driving  milch  cows,  work 
cattle,  horses,  mules  or  other  animals  from  outside  the  city 
to  any  enclosure  within  the  city  limits,  or  from  any  enclos- 
ure in  the  city  to  a place  outside  of  the  city;  provided, 
further,  that  any  person  who  wilfully  permits  any  animal 
mentioned  in  this  section  to  violate  the  provisions  thereof 
shall  also  be  deemed  guilty  of  an  offense  and  upon  convic- 
tion may  be  punished  by  a fine  not  exceeding $25. 00  and  cost 
for  each  offense. 

Sec.  77.  Penalty  for  taking  ont  of  proper 
custody.  Any  person  taking  his  own  animal  or  that  of  any 
other  person  out  of  the  city  pound,  by  stealth,  or  by  force, 
or  who  shall  interrupt  or  hinder  any  one  while  in  the  dis- 


102 


Revised  Ordinances. 


*:harg-e  of  his  duty,  under  the  provisions  of  this  chapter, 
shall  be  liable  to  a fine  in  any  sum  not  exceeding-  one  hun- 
dred dollars,  or  imprisonment  not  to  exceed  one  hundred 
days,  or  both  fine  and  imprisonment. 

Sec  78.  Records.  Moiitlily  report.  Settle- 
ineiit  with  city.  It  shall  be  the  duty  of  the  poundkeeper 
to  keep  books,  in  which  he  shall  keep  an  accurate  account 
of  all  receipts  and  disbursements,  and  shall  make  a full  and 
detailed  report  of  his  proceedings  to  the  city  council  quar- 
terly, stating  therein  the  number  <.f  animals  impounded, 
the  number  of  animals  sold,  to  whom  sold,  and  the  amounts 
received  therefor,  the  amounts  received  and  paid  for  for- 
age, advertising  and  sale. 

§206  Sub.  Div.  68  p.  24.  Fees,  R.  O. — Pay  aver  fund  collected  §10  p.  86. 


CHAPTER  V. 

SEXTON  AND  CEMETERIES. 

Sec.  7b.  Sexton  registrar  of  deaths.  State- 
ment. The  city  sexton  shall  be  registrar  of  deaths  for  the 
city,  and  before  burying  any  dead  body  in  the  cemetery,  or  be- 
fore transporting  beyond  the  corporate  limits  the  body  of  any 
person  that  has  died  therein,  the  relatives,  or  other  persons 
having  charge  of  said  body,  shall  be  required  to  turnish.in 
writing  to  said  sexton,  a statement  of  said  death,  which 
shall  be  recorded  by  him.  Said  statement,  as  .well  as  the 
record,  shall  include  the  name  of  the. person  deceased,  with 
the  names  of  his  or  her  parents  or„  other  relatives,  age, 
when  and  where  born,  term  of  residence  in  the  city,  occu- 
pation, condition,  whether  single  or  married,  widow  or 
widower,  sex,  race,  color,  last  place  of  residence,  the  date 
of  death,  and  the  cause  thereof,  together  with  the  name  of 
the  attending  physician,  if  any,  coroner  or  midwife;  also 
the  date  of  burial,  as  well  as  the  name  of  the  cemetery,  with 
the  initial  letter  of  the  plat,  as  well  as  the  number  of 


Revised  Ordinances. 


103 


block  and  lot  where  said  person  is  buried,  or  if  transported 
beyond  the  corporate  limits  to  a distance,  the  place  of  des- 
tination. 

Sec.  80.  Report.  The  sexton  shall,  on  or  before  the 
last  day  of  each  calendar  month,  deliv^er  to  the  city  board 
of  health  a copy  of  the  entries  in  his  register  for  said 
month. 

Sec.  81.  Duties  of  sexton.  Deputy.  It  shall  be 
the  duty  of  the  sexton  to  take  charge  of  the  city  cemetery, 
and  improve  the  grounds  thereof,  subject  to  the  direction 
of  the  city  council;  to  dig  or  cause  to  be  dug,  all  graves  re- 
quired for  the  burial  of  the  dead  therein,  and  keep  a record 
of  the  same,  as  provided  for  in  section  one  of  this  chapter. 
He  may,  by  and  with  the  advice  and  consent  of  the  city 
council,  appoint  a deputy,  for  whose  official  acts  he  shall  be 
responsible. 

Sec.  82.  Sale  of  lots.  Certificate  i>rice.  The  size 
of  the  lots  is  33  by  11  feet,  and  the  price  shall  be  $5. 00  each. 
The  sexton  is  hereby  empowered  to  sell  lots  in  said  cemetery 
and  collect  before  occupancy  all  dues  arising  from  such 
sales.  He  shall  give  to  each  purchaser  a certificate  of  pur- 
chase for  each  lot,  or  part  of  lot  bought,  with  the  price 
thereof  as  fixed  by  the  city  council,  which  shall  describe 
the  lot  so  bought,  and  he  shall  keep  a duplicate  of  said  cer- 
tificate, record  the  same,  and  forthwith  forward  the  origi- 
nal to  the  mayor,  who  shall,  upon  request,  issue  a deed  to 
the  purchaser. 

Sec.  83.  Headboards  and  tombstones.  Fences 
and  grades.  The  owners  of  lots,  or  relatives  of  deceased 
persons  buried  in  said  grounds,  are  hereby  required  to  erect 
headboards,  tombstones  or  other  suitable  monuments  at  the 
heads  of  graves,  with  the  names  of  the  deceased  plainly 
inscribed  thereon;  and  if  any  person  neglects  or  fails  to 
erect  such  headboards,  tombstones,  or  other  suitable  monu- 
ment for  a period  of  three  months  from  the  date  of  burial,  the 
sexton  shall  place  suitable  headboards  in  their  proper  posi- 
tion at  the  expense  of  the  person  owning  or  burying  in  the 


104 


Revised  Ordinances. 


said  lot.  No  person  shall  erect  a fence,  corner  posts  or 
other  boundary  mark  upon  any  lot  or  lots  in  said  cemetery, 
nor  g-rade  the  ground  or  land  thereof,  except  under  the  di- 
rection of  the  sexton,  who  shall  furnish  the  true  lines  of 
lots  according  to  official  survey,  and  shall  prevent  and  pro- 
hibit any  grading  that  would  destroy  the  symmetry  of  the 
land. 

Sec.  84.  Title.  Permit.  Disinterment.  Con- 
tagions disease.  No  person,  or  persons,  shall  be  allowed 
to  inter  their  dead  in  said  cemetery  without  first  obtaining 
a certificate  of  purchase  from  the  sexton  to  the  lot  in  which 
they  bury,  or  if  they  do  not  own  the  lot  they  shall  then  be 
required  to  furnish  a written  permit  from  the  owner  there- 
of, which  permit  shall  be  filed  with  the  sexton;  and  no  per- 
son shall  disinter  any  body  buried  in  said  cemetery  except 
under  the  direction  of  the  sexton. 

Sec.  85.  Penalty  for  injuring  cemetery  prop- 
erty. Any  person  who  shall  injure  or  deface  any  head- 
board,  tombstone,  monument,  tree,  shrub,  or  any  other  pro- 
perty in  said  cemetery,  shall,  upon  conviction,  be  liable  to 
a fine  in  any  sum  not  exceeding  one  hundred  dollars,  or  to 
imprisonment  not  to  exceed  thirty  days,  or  to  both  such  fine 
and  imprisonment. 

Sec.  86.  Burials  must  be  in  cemetery.  Mur- 
derer. No  person  shall  be  allowed  to  bury  his  dead  with- 
in the  limits  of  the  city,  unless  by  pei mission  of  the  city 
council,  and  there  shall  not  be  interred  in  the  cemetery  the 
body  of  any  person  known  to  the  law  as  a murderer. 

Sec.  87.  Plat  of  cemetery.  An  accurate  plat  or 
map  of  the  city  cemetery,  approved  by  the  city  council,  shall 
be  filed  with  the  recorder  and  a copy  thereof  with  the  sex- 
ton. Said  plat,  or  a register  accompanying  the  same,  shall 
designate  the  ownership  of  all  lots  therein,  and  the  price  of 
unsold  lots  as  fixed  by  the  city  council,  together  with  such 
other  information  as  may  be  deemed  expedient. 


Revised  Ordinances. 


lOS 


CHAPTER  VI, 


IRRIGATION  AND  WATERMASTER. 

Sec.  88.  Water  record.  The  city  recorder  shall  keep 
in  his  office  a record  of  all  acknowledg-ed  water  rig-hts  and 
of  all  transfers  of  water  rights  within  the  city,  in  suitable 
books  prepared  for  that  purpose,  in  which  he  shall  enter 
the  extent  and  kind  of  rig-hts,  where  used,  from  where  and 
to  where  transferred,  and  annually  on  the  Saturday  after 
the  first  Friday  in  March,  revise  and  correct  his  said  record 
and  deliver  a certified  copy  thereof  with  list  specifying-  the 
number  of  acres  of  water  rig-ht  to  be  used  in  each  of  the 
several  ditches,  and  the  names  of  the  persons  entitled  there- 
to during-  the  ensuing-  year,  to  the  watermaster  on  or  before 
the  29th  day  of  March. 

Sec.  89.  Public  water  ditches  defined.  Public 
water  ditches  are  hereby  defined  to  be,  first — the  natural  and 
artificial  channels  through  which  water  flows  into  the  city; 
second — head  and  waste  ditches  constructed  along  the 
streets,  and  third — those  through  lots  and  blocks  in  which 
two  or  more  families  are  directly  interested. 

Sec.  90.  Duties  of  w atermaster.  The  watermas- 
ter shall,  under  the  direction  of  the  city  council,  have  con- 
trol of  all  the  water  flowing  into,  in  or  through  the  city  in 
public  ditches,  and  shall  direct  and  superintend  the  erection 
and  repair  of  all  dams,  gates,  locks,  sluices,  ditches,  and 
waste  weirs  used  in  controlling  said  water.  He  shall  in  per- 
son or  by  deputy  distribute  the  water  to  the  proper  ditches 
entitled  thereto,  in  the  city.  He  shall  cause  all  public  water 
ditches  to  be  cleaned,  and  those  used  for  culinary  purposes 
washed  out  or  flooded  twice  every  year  in  the  following  man- 
ner: first  time  for  irrigation  shall  be  done  on  or  before  the 
fifth  day  of  April,  and  it  shall  be  his  duty  to  superintend  said 
cleaning,  and  to  cause  all  public  and  private  gates,  dams, 
along  public  ditches  on  the  streets  and  running  across  lots 
and  blocks  to  be  properly  located,  constructed  and  kept  in  re- 
pair, all  the  public  ditches  to  be  in  good  order  and  of  suffi- 


106 


Revised  Ordinances. 


cient  capacity  to  carry  their  portion  of  the  water,  and  that  the 
g-ates  used  in  the  public  ditches  for  irrigation  purposes  be 
so  constructed  that  the  proper  portion  of  water  for  culinary 
purposes  can  pass  through;  and  the  second  cleaning  for  do- 
mestic, culinary,  and  machine  use  shall  be  done  on  or  before 
the  first  day  of  November,  and  while  superintending  such 
cleaning,  the  watermaster  shall  cause  all  obstructions  of 
whatsoever  name  or  nature  to  be  removed  so  the  water  can 
have  a free  and  unhindered  flow  during  the  winter  months. 

Sec.  91.  Duties  of  water  master  continued.  To 

make,  clean  and  repair  the  ditches  as  provided  in  the  pre- 
/ ceding  section,  it  shall  be  the  duty  of  the  water  master  to 
notify  each  owner  or  occupant  of  lots  or  part  of  lots  front- 
ing on  any  of  the  streets  in  this  city  to  appear  to  work  at 
such  time  as  he  may  designate;  said  notice,  written  or  ver- 
bal, shall  be  given  at  least  three  days  before  such  work  is 
to  be  performed,  and  all  such  owners  or  occupants  who  re- 
spond to  make  or  clean  up  the  ditches  in  front  of  their  prem- 
ises to  the  satisfaction  of  the  water  master,  shall  be  entitled 
to  the  water  master’s  receipt  therefor  to  the  extent  of  25c 
per  city  lot,  for  each  cleaning;  provided,  that  ditches  across 
lots  and  blocks  shall  be  cleaned  by  the  persons  interested 
therein,  each  performing  labor  according*  to  his  interest  in 
such  ditch;  to  the  place  the  water  is  diverted  for  his  exclus- 
ive use,  and  those  failing  to  comply  with  the  water  master’s 
request  shall  not  be  entitled  to  this  receipt;  and  it  is  fmthev 
provided,  that  if  all  of  such  owners  or  occupants  on  any 
ditch  do  not  appear  at  such  ditch  cleaning,  the  watermaster 
is  authorized  to  hire  men  to  do  the  remainder  of  the  work,  at 
the  expense]of  the  city  at  a C3st  not  to  exceed  the  .price  here- 
in stipulated.  The  water  master  shall  give  a receipt  for  all 
water  taxes  paid  in  work  to  the  person  paying  the  same  and 
preserve  a copy  thereof  upon  a stub,  which  stub  he  shall  re- 
turn to  the  auditor  with  his  accounts. 

Sec.  92.  Period  of  artificial  irrigation.  It  shall 
be  from  the  5th  day  of  April  to  the  25th  day  of  October  an- 
nually, unless  otherwise  ordered  by  the  city  council. 


Revised  Okdinances. 


107 


Sec.  93.  Right  of  way  along  ditches.  Where 
public  water  ditches  pass  through  private  grounds  the  right 
of  way  for  which  has  been  acquired,  the  city  watermaster, 
his  assistant,  and  parties  directly  interested  are  authorized 
to  pass  along  said  ditches,  as  occasion  may  require  during 
the  continuance  of  such  right,  and  it  shall  be  unlawful  for 
any  person  to  obstruct  any  such  ditch  during  any  such  time 
by  straw,  manure,  etc.,  or  by  putting  in  or  maintaining  in 
place  any  fence  along  or  across  any  such  ditch,  without 
providing  gates,  or  other  passage  ways  sufficiently  large  for 
persons  interested  to  pass  through. 

Sec.  94.  Transferring  water.  Any  person  desir- 
ing to  transfer  water  from  one  person  to  another  person,  or 
from  one  ditch  to  another  ditch, may  do  so  by  producing  sat- 
isfactory proof  to  the  city  recorder,  first — that  the  applicant 
has  a right  to  the  use  of  the  water  desired  to  be  transferred, 
second — that  he  has  a right  to  have  the  water  run  in  the 
ditch  to  which  such  transfer  is  desired,  and  third — that  the 
ditch  to  which  such  transfer  is  desired,  is  sufficient  in  size 
to  carry  the  water  desired  to  be  transferred  thereto,  in  ad- 
dition to  the  water  previously  running  or  belonging  there- 
in, Such  application  signed  by  the  applicant,  shall  state 
the  person  and  place,  from  and  to  whom  and  where  such 
transfer  is  desired,  it  shall  be  presented  to  the  recorder  at 
his  office  during  the  week  after  the  first  Friday  in  March 
and  there  be  recorded  at  the  expense  of  the  applicant,  said 
expense  not  to  exceed  twenty-five  cents,  and  the  original  of 
said  application  shall  be  filed  in  said  office. 

Sec.  95.  Gates.  No  water  shall  be  conveyed  from  a 
public  ditch  on  any  street  across  any  sidewalk  to  any  lot  or 
block  without  there  first  having  been  constructed,  under  the 
direction  of  the  watermaster,  substantial  gates  both  on  the 
public  ditch  and  in  the  ditch  used  for  the  conveyance  of  such 
water,  which  latter  shall  be  kept  closed  and  water-tight  ex- 
cept during  the. period  when  water  shall  pass  in  such  ditch. 
Said  ditch  shall  be  made  of  lumber  or  other  substantial  ma- 


107  a 


Revised  Ordinances. 


terial,  and  the  covering-  of  the  same  shall  be  on  a level  with 
such  sidewalk. 

Sec.  96.  To  guard  against  damages.  Where  per- 
sons are  obliged  to  convey  water  across  land  lying  between 
their  premises  and  the  public  water  ditches  the  same  shall 
be  done  with  the  least  possible  injury  to  property,  both  in 
constructing  the  necessary  ditches,  and  in  managing  the 
water  flowing  therein,  -provided^  that  they  shall  have  the 
right  when  cleaning  such  ditches  to  construct  and  keep  in 
repair  the  banks  to  a sufficient  height  and  width,  to  safely 
conduct  the  water  through  the  ditch  without  overflowing 
the  banks,  and  such  persons  shall  be  liable  for  all  damages 
caused  by  negligence  in  the  construction  of  such  ditches  or 
in  the  management  of  the  water  flowing  therein. 

Sec.  97.  Ditches  for  mill  purposes,  etc.  Ditches 
along  any  street  in  the  city  used  wholly  or  in  part  to  con- 
vey water  for  mill  and  machine  purposes  or  for  irrigation 
on  other  land  than  city  lots  are  hereby  required  to  be  main- 
tained in  good  order  and  to  the  satisfaction  of  the  water- 
master  by  the  parties  interested,  and  all  persons  using  wa- 
ter for  any  lawful  purpose  shall  control  the  water  distri- 
buted to  them,  and  conduct  the  surplus  or  waste  water  into 
a public  ditch,  and  shall  not  allow  such  water  to  flood  the 
streets,  sidewalks  or  private  property  to  the  damage  there- 
of, or  to  run  to  unnecessary  waste,  and  the  watermaster  is 
hereby  authorized  and  directed  to  turn  the  water  from  all 
such  persons  who  shall  neglect,  or  fail  to  comply  with  these 
provisions,  and  when  any  person  or  company  desires  a 
race,  levee,  or  embankment  in  any  street  of  this  city,  in  or- 
der to  convey  water  to  any  piece  of  land,  or  for  machinery, 
or  to  make  a water  ditch  across  any  street,  road  or  sidewalk, 
they  shall  before  doing  so,  first  obtain  permission  by  grant 
from  the  city  council,  and  that  obtained,  shall  make  and 
keep  in  constant  repair  all  necessary  bridges,  culverts,  or 
fords,  where  said  ditch  may  cross  any  street,  road  or  side- 
walk. 


Revised  Ordinances. 


107  h 


Sec.  98.  Care-taking  and  unlawful  meddling 
with  water.  It  shall  not  be  lawful  for  any  person  to  take 
any  of  the  water  of  this  city  except  when  it  has  been  duly 
allotted  to  him, or  in  any  manner  change  the  current  or  flow 
of  water  used  for  any  lawful  purpose,  or  to  destroy,  or  break 
any  dam,  gate,  sluice  or  ditch  used  in  diverting  and  con- 
trolling such  water, or  to  injure  or  destroy  any  bridge,  or  in 
any  way  or  manner  obstruct  or  hinder  the  distribution  of  the 
water  within  this  city, and  excepting  the  general  semi-annual 
cleaning  of  the  public  water  ditches,  as  provided  in  section 
ninety  of  this  ordinance,  all  owners  of  lots,  or  parts  of  lots, 
are  hereby  required  to  keep  in  constant  repair  and  free  from 
obstructions,  the  ditches  in  front  of  such  lots  or  parts  of 
lots,  and  in  all  cases  to  prevent  the  water  from  flooding  the 
streets,  roads  and  sidewalks;  Provided,  that  this  section 
shall  not  be  construed  to  apply  to  any  obstructions  caused 
by  freezing.  ' 

Sec.  99.  Appeal  from  apportionment,  and 
water  masters’  books  and  receipts.  (<?)  Any  per- 
son aggrieved  at  the  proportion  of  water  allotted  to  him  by 
the  city  watermaster  or  any  other  act  claimed  to  have  been 
done  under  the  provisions  of  this  ordinance  may,  upon  writ- 
ten complaint,  be  heard  by  the  city  council,  who  shall  de- 
termine the  same  and  grant  such  relief  as  may  be  proper, 
but  all  such  complaints  must  be  presented  to  the  council 
within  twenty  days  from  the  origin  of  the  act  complained 
of. 

{h).  The  city  council  shall  cause  to  be  furnished  to  the 
watermaster  all  necessary  notices,  books,  receipts,  and 
shall  determine  the  compensation  of  the  watermaster.  . 

Sec.  too.  Penalty.  Any  person  who  violates,  or 
neglects,  or  fails  to  comply  with  any  of  the  provisions  of 
this  ordinance,  shall  be  deemed  guilty  of  an  offense,  and 
upon  conviction  shall  be  fined  in  any  sum  not  exceeding 
one  hundred  dollars,  or  imprisonment  in  the  city  jaij  not 
exceeding  ninety-nine  days,  or  by  both  such  fine  and  impri- 
sonment. 


108 


Revised  Ordinances. 


CHAPTER  VII. 

SURVEYOR. 

Sec.  101.  Duties.  The  surveyor  shall,  under  the  di- 
rection of  the  city  council,  determine  the  lines  and  grades 
of  all  streets,  alleys  and  sidewalks  within  the  limits  of  the 
city,  and  file  in  the  recorder’s  office  a profile  of  all  grades 
so  determined  and  established;  he  shall  make  duplicate 
plats  of  all  lands  surveyed  and  subdivided  by  him,  within 
the  city,  noting  all  errors  and  discrepancies  in  original  sur- 
veys or  re-surveys,  and  file  said  duplicate  in  the  recorder’s 
office. 

Sec.  102.  Determine  Corners  and  Boundaries 

The  surveyor  shall,  upon  tender  of  his  legal  fees,  deter- 
mine the  corner  and  boundary  lines  of  any  block,  lot  or  part 
thereof,  within  the  city,  when  so  required  by  any  person. 


CHAPTER  VIII. 

ATTORNEY. 

Sec.  103.  Duties.  The  attorney  shall  act  as  the  lega^ 
advisor  of  the  city  or  any  officer  thereof,  in  all  matters  pertain- 
ing to  contracts  with,  or  by  the  city,  or  any  question  of  legal- 
ity arising  out  of  any  law,  ordinance  or  otherwise.  He  shall 
prosecute  or  defend  all  actions  in  behalf  of  the  city,  or  any 
officers  thereof,  wherein  any  of  the  estate,  right,  privileges, 
ordinances,  acts  or  orders  of  the  city  council  may  be  brought 
in  question,  before  any  court.  He  may  take  appeals,  sue 
out  writs  of  error,  or  certiorari  by  and  with  the  approval  of 
the  mayor,  when  the  interest  of  the  city  requires  it,  and 
prosecute  or  defend  the  same  in  the  appellate  court,  and 
shall  do  and  perform  all  other  duties  incident  to  his  office, 
that  may  be  necessary  for  the  interest  of  the  city,  or  that 
may  be  required  of  him  by  ordinance  or  resolution  of  the 
city  council. 


Revised  Ordinances. 


109 


Sec.  104.  Shall  keep  docket.  The  attorney  shall 
keep  a docket  and  enter  therein  an  abstract  account  of  all 
suits  pending-  in  any  court  and  judg-ments  rendered,  per- 
taining- to  the  city,  and  shall  keep  a record  of  all  claims 
placed  in  his  hands  for  collection,  and  all  moneys  received 
by  him  on  account  of  the  city,  and  payments  by  him  made 
to  the  city  treasurer.  He  shall  report  to  the  city  council 
quarterly,  the  condition  of  the  business  under  his  con- 
trol. 


CHAPTER  IX. 

BUILDINGS  AND  INSPECTOR. 

Sec.  105.  Duty  of  inspector  of  buildings.  It 

shall  be  the  duty  of  the  inspector  of  building-s,  when  called 
upon,  to  examine  all  public  or  private  building-s,  bridg-es, 
dams,  locks,  g-ates,  reservoirs,  aqueducts  or  other  public 
works,  and  certify  to  the  streng-th,  safety,  workmanship, 
and  g-eneral  condition  of  the  same. 

Sec.  106.  Cliiiniieys.  Public  buildings.  Said  in- 
spector shall  require  the  removal  or  prevent  the  construc- 
tion of  any  fire-place,  chimney,  hearth,  stove  or  pipe  in  any 
building  which  may  seem  to  endanger  life  or  property,  and 
shall  see  that  all  ordinances  in  relation  to  the  strength  and 
safety  of  public  buildings  are  carried  into  effect. 

Sec.  107.  To  abate  dangers  from  fire.  It  shall 
be  the  duty  of  the  inspector  of  buildings  to  examine  care- 
fully, under  the  direction  of  the  city  council,  any  cause 
from  which  immediate  danger  of  fire  may  be  apprehended, 
and  remove  or  abate,  with  the  consent  of  the  ma3/or  (in 
case  of  neglect  or  refusal  of  the  owner  or  occupant),  any 
cause  from  which  danger  may  be  apprehended,  and  to  cause 
all  buildings,  chimneys,  stoves,  pipes,  hearths,  ovens,  boil- 
ers, ash  houses,  and  other  apparatus  used  in  any  building, 
which  shall  be  found  in  such  condition  as  to  be  considered 
unsafe,  to  be,  without  delay,  at  the  expense  of  the  owner  or 


MO 


Revised  Ordinances. 


the  occupant  thereof,  put  in  such  condition  as  not  to  be 
dang-erous  in  causing  or  promoting  fires. 

Sec.  108.  Penalty  for  obstruction.  If  any  per- 
son shall  obstruct  or  hinder  the  inspector  or  any  person 
under  the  direction  of  the  inspector  in  the  performance  of 
his  duty  under  the  preceding  section,  such  person,  for  every 
such  offense,  shall,  upon  conviction,  be  liable  to  a fine  of 
not  to  exceed  twenty-five  dollars. 

Sec.  109.  Dangerous  buildings.  When  any  buil- 
ding or  part  thereof  in  the  city  shall  become  dangerous  to 
life  or  limb  of  persons  residing  therein,  or  in  adjacent  build- 
ings, or  passing  in  the  vicinity,  or  if  from  cause  apparent 
it  will  so  become  dangerous,  the  inspector  of  buildings  shall 
proceed  to  make  an  examination  of  said  building;  and  if  he 
shall  find  the  buildings  to  be  dangerous,  as  aforesaid,  the 
inspector  shall  immediately  notify  the  owner  or  agent  of 
such  building  or  structure  to  have  the  same  removed,  re- 
paired or  secured  within  twenty-four  hours  thereafter;  and 
if  the  owner  or  agent  fails  to  do  so,  it  shall  be  the  duty  of 
said  inspector  to  demolish  or  secure  the  same  so  as  to  in- 
sure safety,  and  he  may  call  upon  the  police  for  assistance, 
or  may  employ  labor  or  purchase  material  needed,  and  the 
expense  thereof  shall  be  collected  from  such  owner;  and  any 
owner  or  agent  who  shall  fail  to  comply  with  the  require- 
ments of  such  notice  shall,  upon  conviction  thereof,  be  fined 
not  more  than  one  hundred  dollars. 


CHAPTER  X. 

SEALER  OF  WEIGHTS  AND  MEASURES. 

Sec.  110.  Duty  of  the  sealer.  The  sealer  of  weights 
and  measures  shall,  twice  every  year,  or  oftener  if  required, 
examine  and  test  the  accuracy  of  all  weights,  measures, 
scales,  or  other  things  used  by  merchants  and  others  for 
weighing  and  measuring  anything  bought  or  sold  by  them; 
he  shall  stamp  with  a suitable  seal  to  be  prescribed  by  the 


Revised  Ordinances. 


Ill 


mayor,  all  weig’hts,  measures,  and  scales  so  used,  which  he 
may  find  conformed  to,  or  which  he  may  cause  to  conform 
to,  the  standard  prescribed  by  the  laws  of  the  State,  and 
shall  deliver  to  the  owner  thereof  a certificate  of  the  accu- 
racy of  such  weig’hts  and  measures  as  shall  be  found  to  be 
or  shall  be  rendered  correct. 

Sec.  111.  Record.  False  weights.  Report  to 
recorder.  It  shall  further  be  his  duty  to  register  the 
names  of  all  persons  whose  weights,  measures  or  scales  he 
may  find  to  be  accurate  or  may  cause  to  be  rendered  accu- 
rate, and  of  all  persons  who  fail  to  have  the  same  corrected 
when  found  to  be  incorrect. 

Sec.  112.  Weights  to  be  tested.  False  weights. 
All  persons  using  weights,  measures,  scales,  or  other  things 
for  weighing  or  measuring  any  article  bought  or  sold  in 
this  city,  shall  cause  the  same  to  be  examined,  tested  and 
sealed  as  hereinbefore  provided,  and  any  person  failing  so 
to  do  shall  be  liable  to  pay  a fine  of  not  less  than  one  nor 
more  than  fifty  dollars  for  each  offense.  Any  person  using 
any  false  weights,  measures,  scales,  or  other  things  for 
weighing  or  measuring  any  article  bought  or  sold  in  this 
city,  shall  be  liable  to  a fine  of  not  to  exceed  one  hundred 
dollars. 

Sec.  113.  Test  when  required.  The  sealer  of 
weights  and  measures  shall  examine  and  test  any  of  the 
before  mentioned  instruments  for  weighing  or  measuring, 
on  application  by  any  person  who  shall  tender  to  him  the 
fee  provided  by  ordinance. 


CHAPTER  XL 

BOARD  OF  health. 

Sec.  114.  Establishment.  A board  of  health 
is  hereby  established  to  consist  of  four  persons,  one  of 
whom  shall  be  when  practicable,  a physician,  a graduate 


112 


Revised  Ordinances. 


of  a reg-ularlj  chartered  medical  college,  who  shall  be 
the  executive  officer  of  the  board  and  be  known  as  the 
health  officer.  The  mayor  shall  be  ex-officio  a member  of 
said  board. 

§ 1105  p.  65. 

Sec.  115.  Duties  and  powers  of  board.  The 

board  of  health  shall  exercise  general  supervision  over  the 
health  of  the  city,  effect  all  measures  necessary  to  promote 
the  health  and  cleanliness  thereof.  It  shall  abate  all  nuis- 
ances of  every  description  on  public  and  private  property. 
It  shall  use  all  due  measures  to  prevent  the  introduction  or 
spread  within  the  city,  or  within  five  miles  thereof,  of 
any  malignant,  contagious  or  infectious  diseases,  and  re- 
move, quarantine  or  otherwise  dispose  of  any  person  or 
persons,  clothing  or  effects  attacked  with  or  having  been 
exposed  to  such  diseases,  and  shall  adopt  such  rules  and  reg- 
ulations necessary  to  prevent  the  introduction  or  spread  of 
malignant,  contagious  or  infectious  diseases  within  the 
city,  or  within  five  miles  thereof.  It  shall  be  the  reg- 
istry of  births,  deaths  and  burials  and  shall  make  necessary 
rules  for  conducting  such  registration,  and  all  permits  for  re- 
movals or  burials  of  the  dead  shall  be  issued  b}"  said  board. 
It  shall  make  a report  to  the  city  council,  the  first  Monday 
in  each  quarter  of  the  fiscal  year,  or  oftener  if  directed  by 
the  council,  of  all  its  proceedings  of  the  sanitary  condi- 
tion of  the  city  and  the  cleanliness  thereof,  and  shall  make 
such  recommendations  to  said  body  as  may  improve  the 
sanitary  condition  of  the  city. 

It  shall  have  power  to  stop  and  prevent  the  discharge 
of  sewerage  from  any  premises  within  the  city  limits,  into 
and  upon  any  public  highway,  stream,  watercourse  or  pub- 
lic place,  or  into  any  drain,  cesspool  or  private  sewer,  when- 
ever in  the  opinion  of  said  board  of  health,  the  public  in- 
terest shall  demand  it. 

Report  to  secretary  state  board  of  health  §1108  p.  65.  Monthly  report  to 
county  clerk  of  births  and  deaths.  §2032  K.  S.  p.  475. 

Sec.  116.  Duty  of  health  officer.  The  health  of- 
ficer shall  take  notice  of  all  ordinances  relating  to  the  sani- 


Revised  Ordinances. 


113 


tary  condition  of  the  cit}'  and  enforce  the  same,  and  to  this 
end  he  is  hereby  authorized  to  enter,  in  the  day  time,  any 
premises,  houses  or  building’s  within  the  city  or  within  five 
miles  thereof;  and  further,  he  may  command  the  aid  of  the 
police  force  to  assist  in  the  discharg’e  of  his  duties,  if  at 
any  time  it  be  necessary  to  do  so.  He  shall,  when  required 
by  the  marshal,  prescribe  for  and  visit  the  city  prisoners, 
and  such  cases  of  the  city  poor  as  the  city  council  may  des- 
ignate, and  shall  assist  in  public  vaccinations  and  in  the 
work  of  quarantine. 

Sec.  117.  Duty  of  Clerk.  One  of  the  members  of 
the  board  shall  be  appointed  clerk,  who  shall  perform  such 
duties  as  may  be  required  by  the  health  officer,  the  board  of 
health  or  any  city  ordinance.  He  shall  keep  in  suitable 
books  a full  and  complete  record  of  the  rules,  accounts  and 
proceedings  of  the  board,  and  an  account  of  all  expenses  in- 
curred, the  manner  of  disbursement,  and  also  of  all  money 
received  by  the  board. 

Sec.  118.  Penalty  for  violation.  Any  person 
who  violates,  disobeys,  omits,  neglects  or  refuses  to  com- 
ply with,  or  resists  any  of  the  provisions  of  this  chapter, 
or  who  refuses  or  neglects  to  obey  any  of  the  rules,  orders, 
proclamations  or  sanitary  regulations  of  the  board  of  health, 
health  officer  or  mayor,  or  who  omits,  neglects  or  refuses  to 
comply  with,  or  who  resists  any  officers,  or  orders,  or  special 
regulations  of  said  board  of  health,  health  officer  or  mayor, 
shall,  upon  conviction,  be  fined  in  any  sum  not  more  than 
one  hundred  dollars. 

RULES  OF  THE  BOARD  OF  HEALTH. 

BIRTHS. 

Sec.  119.  Rule  I.  All  physicians  and  midwives  shall 
at  the  end  of  each  month,  return  to  the  board  of  health  a 
statement  of  each  birth,  giving  date  of  birth,  name  in  full, 
sex,  race  and  color,  also  the  name,  age,  nativity,  occupation 
and  residence  of  parents;  if  at  any  birth  no  physician  or 
midwife  attends,  the  parents  must  make  such  report. 


114 


Revised  Ordinances. 


BURIALS. 

Rule  I.  No  person  shall  receive  a permit  for  burial 
who  does  not  present  to  the  board  of  health  a certificate  of 
death  sig’ned  by  the  attending-  physician  or  midwife,  or  any 
reputable  citizen  if  a physician  or  midwife  have  not  been  in 
attendance,  and  undertaker. 

Rule  II.  No  person  shall  be  allowed  to  remove  from 
the  city  the  remains  of  a dead  person  without  first  present- 
ing- to  the  board  of  health  a certificate  of  death  properly 
signed  by  a physician  in  good  standing,  or  sexton,  and  must 
obtain  from  the  health  officer  a permit  for  such  transit. 

Rule  III.  Any  person  or  persons  having  died  from 
diphtheria,  scarlet  fever  or  small  pox,  shall  have  no  public 
burial. 

quarantine. 

Rule  I.  It  shall  be  the  duty  of  all  physicians  to  re- 
port immediately  to  the  board  of  health  all  cases  of  diph- 
theria, smallpox,  scarlet  fever,  scarletina,  and  all  other  con- 
tagious diseases. 

Rule  II.  The  place  wherein  any  person  or  persons 
are  located  having  any  of  the  diseases  mentioned  in  the  pre- 
ceding rule,  shall  have  displayed  thereon  a yellow  flag. 

Rule  III.  The  quarantine  flag  must  be  allowed  to  re- 
main at  least  twenty-one  days  after  scarlet  fever,  and  seven 
days  after  diphtheria  is  first  reported,  and  it  shall  be  un- 
lawful for  any  person  or  persons  to  remove  or  interfere,  in 
any  way,  with  said  flag  without  permission  from  the  health 
officer. 

Rule  IV.  No  person  who  is,  or  who  has  been,  alfected 
with  any  of  said  diseases  shall  be  permitted  to  leave  the 
house  in  which  he  or  she  resides  or  lodges  without  a per- 
mit from  the  board  of  health,  to  be  issued  on  receipt  of  a 
certificate  from  the  attending  physician  that  all  danger  of 
communicating  the  disease  has  passed;  and  no  person  re- 
siding or  lodging  in  a house  wherein  such  a disease  is 
present,  shall  attend  school,  church,  or  other  public  place 


Revised  Ordinances. 


115 


without  permission  from  the  board  of  health.  Twenty- 
eig-ht  days  must  have  elapsed  after  the  quarantine  has  been 
removed  from  places  wherein  scarlet  fever  has  existed,  and 
seven  days  wherein  diphtheria  has  existed,  before  a permit 
to  attend  school  will  be  g-ranted. 


CHAPTER  XII. 

REVENUE  AND  TAXATION. 

Sec.  120.  Assessment  and  collection  of  taxes. 
All  property  within  the  corporate  limits  of  the  city  which 
is  or  which  may  hereafter  be  made  taxable  for  county  or 
state  purposes  by  the  laws  of  the  State  of  Utah,  shall  be 
assessed  and  taxed  for  municipal  purposes. 

The  assessment  on  all  property  taxable  as  aforesaid, 
and  the  collection  of  all  g-eneral  taxes  levied  for  municipal 
purposes  in  the  city,  shall  be  made  in  the  manner  now  or 
which  may  hereafter  be  provided  by  the  laws  of  the  state 
for  the  assessment  of  property,  for  the  collection  of  taxes 
for  county  and  state  purposes  and  the  redemption  from  tax 
sales. 

General  taxes  §253  p.  39.  Power  to  levy  §206  Sub.  Div.  3,  72  p,  18,  82  p.  26.— Spe- 
cial tax  §§255-282  pp.  40-53.  Equalization,  collection,  etc..  Secs.  2687-96,  pp.  70-72. 

POLL  TAX. 

Sec.  121,  Amount.  Who  liable  to  pay.  Two 

days  work  of  eig-ht  hours  each,  or  in  lieu  thereof  three  dol- 
lars lawful  money,  is  an  annual  road  poll  tax  upon  every 
man  over  twenty-one  and  under  fifty  years  of  ag'e,  who  is 
not  physically  incapacitated  to  work,  resident  within  th 
city. 

Sec.  122.  How  used.  Said  poll  tax  shall  be  col- 
lected under  the  reg-ulations  hereinafter  provided,  and  shall 
be  used  by  said  city  for  improving-  any  of  the  streets  in  the 
citv. 


116 


Revised  Ordinances. 


All  labor  performed  shall  be  done  under  the  direction 
of  the  supervisor  of  streets. 

Sec.  7 p.  85. 

Sec.  123.  List  of  tax  payers.  How  made.  Said 
supervisor  shall,  by  dilig'ent  search  and  inquiry,  made  at 
such  times  as  he  may  elect,  between  the  first  day  of  Janu- 
ary and  the  thirtieth  day  of  November  in  each  year,  ascer- 
tain and  list  the  names  of  all  persons  within  the  corporate 
limits  of  the  city,  who  are  liable  to  pay  poll  tax,  as  provided 
in  this  chapter.  He  shall  enter  said  names  in  a suitable 
reg-ister,  which  shall  be  furnished  him  for  that  purpose  by 
the  city  recorder,  at  the  expense  of  the  city.  The  names 
shall  be  in  alphabetical  order,  with  suitable  columns  oppo- 
site each  name  to  enter  date  of  notice,  the  time  in  which 
the  person  named  is  required  to  perform  the  labor,  the  kind 
of  pay  received  and  date  of  payment. 

Sec.  124.  Notice  to  work  to  be  given.  It  shall 
be  the  duty  of  said  supervisor,  at  some  time  between  the 
first  day  of  January  and  the  thirtieth  day  of  November  in 
each  year,  to  deliver  to  each  person  liable  to  pay  poll  tax, 
or  leave  at  his  residence  or  usual  place  of  business,  a writ- 
ten or  printed  notice,  citing-  him  to  appear  at  such  time  and 
place  as  may  be  desig-nated  in  said  notice,  with  appropriate 
tools  for  the  kind  of  work  to  be  performed,  giving-  each  per- 
son not  less  than  two  days  notice  of  such  requirement. 
Whenever  necessary,  the  supervisor  is  authorized  to  em- 
ploy team  labor  upon  such  terms  as  he  may  deem  proper. 

Sec.  125.  Delinquent  tax  payable  in  money. 

If  any  person  shall  fail  to  pay  the  tax  required  by  this 
chapter,  within  ten  days  after  the  time  mentioned  in  the 
notice  provided  for  in  the  preceding  section,  said  tax  shall 
be  deemed  delinquent,  and  the  person  so  liable  shall  there- 
after be  required  to  pay  such  tax  in  money;  and  the  super- 
visor of  streets,  as  such,  must  proceed  to  collect  the  same 
as  an  action  of  debt  in  any  court  having  jurisdiction;  and 
no  property  of  such  delinquent  shall  be  exempt  from  execu- 
tion a judgment  so  recovered. 


Revised  Ordinances. 


117 


Sec.  126.  3Ioiiey  to  be  paid  to  treasurer.  The 

supervisor  is  hereby  authorized  to  receive,  at  his  office, 
cash  in  payment  of  poll  tax,  from  any  person  tendering-  the 
same,  and  he  shall  pay  over  all  money  so  collected  to  the 
city  treasurer,  as  provided  by  ordinance.  He  shall  keep 
stub  receipt  books,  issue  all  receipts  therefrom,  and  deliver 
to  each  person  making  payment  of  tax  a receipt  therefor. 
The  receipts  and  stubs  shall  each  show  whether  the  tax  was 
paid  in  money  or  labor,  and  if  paid  in  both,  what  portion 
of  each.  The  stubs  shall  also  contain  any  other  facts 
shown  in  the  receipts.  The  stubs  of  said  receipt  books 
shall  be  delivered  to  the  city  recorder,  on  or  before  the  fif- 
teenth day  of  December  in  each  year. 

Officers  account  monthly  Sec.  10  p.  86. 

Sec.  127.  Annual  repoid  to  coniieil.  On  or  be- 
fore the  first  Monday  of  January  in  each  year  the  super- 
visor of  streets  shall  return  to  the  city  council  the  register 
provided  for  in  this  chapter,  with  a written  report  contain- 
ing a summary  of  the  facts  shown  therein,  which  said  re- 
port shall  show: 

First. — The  total  number  of  persons  assessed  for  poll 
tax  during  the  past  year  within  the  city. 

Second. — The  total  amount  of  poll  tax  paid  in  labor. 

Third. — The  total  amount  of  poll  tax  paid  in  money. 

Fourth. — The  amount  of  tax  collected  by  suit,  and  the 
names  of  the  delinquents. 

Fifth. — The  amount  of  uncollected  poll  tax,  the  name 
of  each  delinquent,  and  the  reason  in  each  case  why  such 
tax  remains  uncollected. 

Sixth. — The  amount  and  kind  of  poll  tax  labor  expended 
within  the  city  limits,  and  the  places  where  such  labor  was 
performed. 


118 


Revised  Ordinances. 


CHAPTER  XIII. 

.LICENSES. 

Sec.  128.  Doing  business  withont  license,  un- 
lawful. It  shall  be  unlawful  for  any  person  to  engage  in 
or  carry  on  any  business,  trade,  profession  or  calling,  for 
the  transaction  or  carrying  on  of  which  a license  is  required, 
without  first  taking  out  or  procuring  the  license  required 
for  such  business,  trade,  profession  or  calling. 

Sec.  129.  Applications.  How^  license  issued. 
Record.  All  applications  for  license  shall  be  made  in  writ- 
ing to  the  mayor.  All  licenses,  except  liquor  licenses,  shall 
be  issued  and  signed  b}^  the  mayor,  and  attested  by  the  city 
recorder  under  the  seal  of  the  city.  The  recorder  shall 
keep  an  alphabetical  list  of  licenses  issued,  stating  the  num- 
ber, name,  time,  place  and  kind  of  business,  and  the  amount 
paid,  with  such  remarks  as  may  be  considered  necessary. 

Sec.  130.  What  license  to  contain.  Assign- 
ment. Every  such  license  shall  specify  by  name  the  per- 
son, firm,  or  corporation  to  whom  it  shall  be  issued,  and 
shall  designate  the  particular  place  at  which  the  business 
shall  be  carried  on.  No  license  granted  or  issued  under  any 
of  the  provisions  of  this  chapter,  or  otherwise,  shall  be  in 
any  manner  assignable  or  transferable,  unless  by  permis- 
sion of  the  mayor  endorsed  on  such  license. 

Sec.  131.  Licenses  issued  quarterly.  All  licen- 
ses shall  be  issued  quarterly. 

Sec.  132.  Free  licenses,  when  may  be  given. 

If  any  person  shall  furnish  such  evidence  as  shall  satisfy 
the  city  council  that  he  or  she,  by  reason  of  misfortune  or 
physical  infirmities,  merits  exemption  from  the  payment  of 


Revised  Ordinances. 


119 


any  license  herein  required,  the  council  may  g-rant  such 
license. 

Sec.  133.  Penalty.  Whoever  violates  any  of  the 
provisions  or  requirements  contained  in  this  chapter,  where 
the  penalty  is  not  provided,  shall  be  punished  by  fine  not 
exceeding-  one  hundred  dollars,  or  by  imprisonment  not  ex- 
ceeding- one  hundred  days,  or  both. 

Sec.  134.  Auctioneers.  License  required.  No 

person  shall  be  allowed  to  sell  or  expose  for  sale,  by  way 
of  vendue,  or  auction,  any  property  within  the  limits  of 
said  city,  without  first  obtaining- a license  for  such  purpose, 
for  which  such  person  shall  pay  into  the  city  treasury  the 
sum  of  one  hundred  dollars,  or  five  dollars  per  day. 

Sec.  135.  Bankers,  brokers,  etc.  Every  banker, 
broker,  and  money  changer,  before  commencing  or  carrying- 
on  his  business,  shall  make  a statement  under  oath,  sworn 
to  before  the  city  justice,  of  the  value  or  amount  of  the 
capital  so  employed,  which  statements  shall  be  filed  in 
alphabetical  order,  and  quarterly  licenses  issued  thereon 
as  follows: 


Upon  a capital  of  $50,000  and  not  exceeding 

$100,000 $18.75 

Upon  a capital  of  $25,000  and  not  exceeding 

$50,000 12.50 

Upon  a capital  of  $25,000  or  less  6.25 

When  no  capital  is  employed  3.00 


Sec.  136.  Merchants  and  retailers.  Every  mer- 
chant and  retailer,  before  commencing  or  carrying  on  his 
business,  shall  make  a statement  of  the  cash  value  of  all 
goods,  wares,  and  other  merchandise  which  he  may  have 
in  his  possession  or  under  his  control,  whether  owned  by 
him  or  consigned  to  him  for  sale,  which  statement  shall  be 
sworn  to  before  the  city  justice  of  the  peace  or  notary  pub- 
lic, by  the  merchant  making  it,  or  his  duly  authorized  agent; 


120 


Revised  Ordinances, 


and  before  any  license  is  issued  the  recorder  shall  collect 
from  the  applicant  the  sum  of  fifty  cents  for  the  issuance 
of  such  license,  and  money  at  a rate  of  four  mills  per  dol- 
lar on  the  stock  carried  by  such  applicant. 

Sec.  137.  Hotels.  Whoever  shall  keep  a house  with 
furnished  rooms  for  the  accommodation  of  travelers,  and 
board  the  occupants  of  such  rooms  shall  be  deemed  a hotel 
keeper,  and  before  eng-ag-ing-  in  such  business  shall  pay  a 
license  of  three  dollars. 

Sec.  138.  Restaurants.  Whoever  shall  keep  within 
this  city  a public  house  or  place  for  furnishing-  meals  with- 
out lodg-ing-,  is  declared  to  be  a restaurant  keeper,  and  shall 
pay  a license  of  two  and  a half  dollars. 

Sec.  139.  Livery  stable.  A livery  stable  keeper  is 
orxe  who  keeps  for  hire,  horses,  carriag-es,  or  other  vehicles. 
Every  livery  stable  keeper  shall  make  a statement  of  the 
number  of  animals  and  vehicles  of  all  descriptions  kept  by 
him,  which  statement  shall  be  sworn  to  before  the  justice  of 
the  peace  or  notary  public.  The  city  recorder  shall  file  all 
such  statements  and  may  issue  licenses  thereon  for  one 


dollar. 

For  a dray  $3.50 

For  a hack 3.50 


BUTCHERS,  SLAUGHTERERS,  ETC. 

Sec.  140.  Amount  of  license.  Every  butcher  or 
slaug-hteter  shall  pay  a license  of  $4.00. 

Sec.  141.  Slaugfliter  bouses.  It  shall  not  be  law- 
ful for  any  person  to  slaug-hter  any  animal,  or  for  any  per- 
son to  erect  any  slaug-hter  house  or  yard,  or  eng-ag-e  in  the 
business  of  slaughtering-  at  any  place  other  than  such  as 
may  be  designated  by  the  city  council;  provided^  that  this 


Revised  Ordinances. 


121 


section  shall  not  be  construed  so  as  to  prohibit  farmers  from 
slaughtering-  their  own  animals  for  their  o'wn  use. 

Sec.  142.  Id.  Record  to  be  kept.  All  persons 
licensed  as  butchers  or  slaughterers  shall  keep  a book  in 
which  they  shall  record  a faithful  description  of  the  age, 
size  and  color  of  all  animals  b}^  them  killed,  with  the  brands 
and  marks  thereon,  together  with  the  name  of  the  person 
from  whom  received,  and  the  time  when  killed,  which  book 
shall  be  open  to  the  inspection  of  the  public. 

Sec.  143.  Slaughter  houses  to  be  kept  clean. 
All  persons  engaged  in  the  business  of  butchering  or 
slaughtering,  within  the  limits  of  the  city,  are  hereby  re- 
quired to  thoroughly  cleanse  their  slaughter-houses  and 
yards  as  often  as  necessary  to  keep  them  in  a good  sanitary 
condition,  and  to  remove  or  dispose  of  all  offal  in  such  man- 
ner and  at  such  place  or  places  as  maybe  designated  by  the 
city  marshal. 

Sec.  144.  Id.  Inspection.  It  shall  be  the  duty  of 
the  city  marshal,  or  his  deputy,  to  visit  the  slaughter 
houses  within  the  limits  of  the  city  (as  often  as  he  may 
deem  it  necessary),  to  examine  the  books  and  see  if  a faith- 
ful record  is  made  of  all  animals  killed,  and  that  the 
slaughter  houses  are  thoroughly  cleansed  as  herein  pro- 
vided. 

Sec.  145.  Penalty.  Any  person  violating  the  pro- 
visions of  this  chapter  in  relation  to  butchers  and  slaugh- 
terers, shall  be  liable  to  a fine  in  any  sum  not  less  than  five 
nor  more  than  one  hundred  dollars;  and  on  a second  con- 
viction in  addition  thereto,  his  license  may  be  declared  for- 
feited. 

Sec.  206  Sub.  70  p,  24, 


122 


Revised  Ordinances. 


PEDDLERS  AND  HAWKERS. 

Sec.  146.  Peddlers  and  hawkers  must  obtain 
license.  It  shall  not  be  lawful  for  any  person  to  carry  on 
the  business  of  peddling,  or  hawking-,  or  to  offer  for  sale, 
barter  or  exchange,  at  retail,  any  garden  or  farm  produce, 
butter,  eggs,  poultry,  fish,  game,  medicine  or  other  goods, 
wares  or  merchandise,  within  the  limits  of  the  city,  with- 
out first  obtaining  a license  therefor. 

Sec.  147.  Payable  in  advance.  Licenses  for  ped- 
dling or  hawking  as  above  described  may  be  issued  for  the 
term  of  one  quarter,  on  payment  in  advance,  of  the  follow- 
ing sums: 


For  a license  to  peddle  fruit $ 1.00 

For  a license  to  peddle  vegetables,  fruit  and  gar- 
den produce,  butter,  eggs,  poultry,  fish  and 
game 2.00 

Provided^  that  nothing  herein  shall  be  deemed  to 
apply  to  persons  offering  for  sale,  butter  and 
eggs,  fruit  or  vegetables  raised  or  produced  by 
themselves. 

For  a license  to  peddle  notions  or  small  wares  .....  5.00 

For  a license  to  peddle  merchandise  and  other  pro- 
perty not  otherwise  licensed  under  this  chapter  40.00 

For  a license  to  peddle  or  hawk  medicine 30.00 

For  a license  to  sell,  vend  or  peddle  or  otherwise  dis- 
pose of  machinery,  wagons,  buggies  or  other 
vehicles,  stoves,  ranges,  hardware,  implements, 
tools,  etc 


5,00 


Revised  Ordinances. 


123 


Provided^  that  nothing-  in  this  clause  shall  be  con- 
strued to  prohibit  any  regularly  established  mer- 
chant operating  under  a license,  from  selling  or 
otherwise  disposing  of  any  article  herein  men- 
tioned. 

MISCELLANEOUS  LICENSES. 

Sec.  148.  Amounts,  etc.  Every  person,  before  en- 
gaging in  or  pursuing  any  business,  vocation  or  calling 
hereinafter  mentioned,  shall  obtain  a license  so  to  do,  unless 
otherwise  provided,  and  make  quarterly  payments  into  the 
city  treasury,  in  advance  as  follows: 

For  a license  for  a skating  rink  $ 5.00 

For  a license  for  a shooting  gallery 3.00 

For  a license  as  a lumber  merchant  (to  include 
dealing  in  doors,  sash,  lath,  shingles,  posts, 

etc.)  3.00 

For  a license  as  a sewing  machine  agent  for 

each  company  represented 5.00 

For  a license  as  a bill  poster  1.00 

For  a license  as  fresh  meat  peddler  or  otherwise  . . . 5.00 

For  a license  as  pawnbroker  12,50 

For  a license  as  second-hand  dealer  6.00 

For  a license  as  a coal  dealer 3.00 

For  a license  for  a circus  or  equestrian  exhibition, 

for  each  day 25.00 

For  a license  for  a traveling  menagerie,  for  each 

day 10.00 

For  a license  to  run  a dancing  hall 2.50 

For  a license  to  run  a dancing,  music  or  theatre  hall  5.00 

For  a license  for  a theatrical  representation, con- 
cert, ball,  lecture,  or  tricks  of  legerdemain, 

for  each  performance  or  exhibition 2.00 

For  a license  for  an  acrobatic  or  athletic  perform- 
ance, or  sp-cirring  exhibition,  each  day 10.00 

For  a license  for  merry-go-round,  whirligig  or 

similar  contrivances,  for  each  day.. 5.00 


124 


Revised  Ordinances. 


But  it  shall  be  unlawful  for  any  person  licensed  as  be- 
fore stated  to  keep  open  on  Sundays  any  store,  workshop, 
bar,  saloon,  banking-  house,  or  other  place  of  business  for 
the  purpose  of  transacting-  business  therein. 

The  provisions  of  the  preceding  sections  do  not  apply 
to  persons  who  on  Sunday  keep  open  hotels,  boarding 
houses,  baths,  restaurants,  taverns,  livery  stables,  or  retail 
drug  stores  for  the  legitimate  business  of  each,  or  such 
manufacturing  establishments  as  are  usually  kept  in  con- 
tinuous operation. 

It  shall  be  unlawful  for  any  person  running  or  conduct- 
ing a restaurant,  ice  cream  parlor  or  other  place  within  the 
limits  of  the  city  where  refreshments  are  sold  or  dealt  out 
to  the  public-  to  keep  open  for  business  such  restaurant,  ice 
cream  parlor,  or  other  such  place  between  the  hours  of  il 
o’clock  p.  m.  and  5 o’clock  a.  m.  of  the  succeeding  day. 

Dancing  halls  in  this  city  must  not  be  kept  open  after 
1 o’clock  a.  m.  without  by  permission  of  the  mayor. 

INTOXICATING  LIQUORS. 

Sec.  149.  License  necessary.  No  person  shall 
manufacture,  sell,  barter,  deal  out,  or  otherwise  dispose  of 
any  spirituous,  vinous,  malt  or  other  intoxicating  liquors, 
without  first  obtaining  from  the  city  council  a license  there- 
for, in  the  manner  provided  by  law. 

Manner  of  obtaining-  license  Secs.  1242'1248,  pp.  66-69.  Authority  Secs.  40-42,  pp. 
19,  20, 

Sec.  150.  Definition  of  classes.  A manufacturer, 
as  contemplated  in  this  chapter,  is  one  who  manufactures 
any  of  the  before  mentioned  liquors,  and  sells  the  same  at 
wholesale  as  follows:  If  in  kegs,  not  less  than  two  gallons; 
if  in  bottles,  not  less  than  one  dozen;  but  no  such  liquors 
shall  be  sold  or  otherwise  disposed  of  to  be  drunk  on  the 
premises  where  manufactured.  A wholesale  dealer  as  con- 


Revised  Ordinances. 


125 


templated  in  this  chapter,  is  one  who  sells  or  otherwise  dis- 
poses of  such  liquors  in  any  quantity  not  to  be  drunk  on  the 
premises  where  sold.  A retail  dealer,  as  contemplated  in 
this  chapter,  is  one  who  sells  or  otherwise  disposes  of  such 
liquors  in  any  quantity,  and  also  by  the  g'lass,  or  dram  to 
be  drunk  on  the  premises,  where  sold. 

Sec.  151.  Amount  of  license.  The  following 
named  sums  shall  be  paid  quarterly  into  the  city  treasury 
in  advance  for  each  license  granted  as  herein  provided: 


First. — As  a manufacturer  $100.00 

Second. — As  a wholesale  dealer 125.00 

Third. — As  a retail  dealer. ...  200.00 


Sec.  152.  Selling  to  female  in  wine  room.  No 

keeper  of  any  saloon,  tippling  house,  or  dram  shop  shall 
have  or  keep  in  connection  with,  or  as  part  of,  such  saloon, 
tippling  house,  or  dram  shop,  any  wine  room  or  any  other 
place,  either  with  or  without  door  or  doors,  curtain  or  cur- 
tains, or  screen  of  any  kind,  into  which  any  female  person 
shall  be  allowed  to  enter  from  the  outside,  or  from  such  tip- 
pling house  or  dram  shop,  and  there  be  supplied  with  any 
kind  of  liquor  whatsoever.  Any  person  violating  any  pro- 
vision of  this  section  shall  be  guilty  of  a misdemeanor. 

Sec.  153.  Selling  to  insane  or  idiotic  persons. 
Minors.  An}"  person  who  shall  knowingly  give,  sell,  or 
otherwise  dispose  of  any  intoxicating  drink  to  an  insane  or 
idiotic  person,  and  any  person  licensed  as  herein  provided, 
or  any  other  person,  who  shall  knowingly  give,  sell,  or 
otherwise  dispose  of  any  intoxicating  drink  to  any  minor, 
or  who  shall  permit  any  of  said  persons  to  be,  or  remain  in 
his  place  of  business  where  liquors  are  sold,  or  who  shall 
give,  sell,  or  otherwise  dispose  of  any  intoxicating  drink  to 
any  person  who  is  known  in  the  community  as  a habitual 
drunkard,  shall  be  deemed  guilty  of  a misdemeanor. 

Disposing- of  to  Indian,  a felony,  Sec.  4298,  p.  913  R.  S, 


126 


Revised  Ordinances. 


Sec.  154.  Siinclay  selling.  Gambling,  dancing, 
sleeping,  etc.,  on  premises.  Any  person  licensed  as 
aforesaid,  or  any  person  neglecting  or  refusing  to  obtain  a 
license,  as  herein  provided,  who  shall  either: 

1.  Sell,  give  away,  or  otherwise  dispose  of  any  intoxi- 
cating drink  at  any  time  during  the  first  day  of  the  week, 
commonly  called  Sunday,  except  for  medical  purposes  upon 
the  prescription  of  a physician;  or, 

2.  Permit  on  his  premises  where  such  intoxicating 
drink  is  sold,  any  gambling  by  means  of  dominoes,  cards, 
dice,  or  other  articles,  or  any  description  of  gambling;  or, 

3.  Permit  dancing,  drunkenness,  sleeping,  or  lodging 
in  the  night  time,  or  who  shall  permit  any  disorderly  con- 
duct in  his  saloon  licensed  for  the  sale  of  liquors,  shall  be 
deemed  guilty  of  a misdemeanor,  and  shall  be  punished  by 
a fine  in  any  sum  less  than  three  hundred  dollais,  or  by 
imprisonment  for  not  exceeding  six  months,  or  by  both  such 
fine  and  imprisonment,  at  the  discretion  of  the  court. 

Sec.  155.  Selling  without  license.  Any  person 
who  shall  sell  or  otherwise  dispose  of,  for  gain,  upon  any 
pretext  whatever,  malt,  spirituous,  or  vinous  liquors,  or  any 
intoxicating  drink,  without  first  having  complied  with  the 
conditions  of,  and  obtained  a license  as  set  forth  in  this 
chapter,  shall,  for  each  offense,  be  deemed  guilty  of  a mis- 
demeanor, and,  upon  conviction  thereof,  shall  be  punished 
by  a fine  in  any  sum  less  than  three  hundred  dollars,  or  by 
imprisonment  not  exceeding  six  months  in  the  county  or  city 
jail,  or  by  both  such  fine  and  imprisonment. 

Sec.  156.  Judgment  on  conviction.  In  all  judg- 
ments or  convictions  of  any  person  of  a misdemeanor,  un- 
der the  provisions  of  this  chapter,  the  penalty  shall  be  a fine 
not  to  exceed  three  hundred  dollars,  or  imprisonment 
not  to  exceed  six  months,  or  both  such  fine  and  impris- 


Revised  Ordinances. 


127 


onment,  arid  the  court,  in  its  discretion,  may  order  that  the 
defendant,  in  default  of  payment  of  the  fine  and  costs,  be 
imprisoned  until  such  fine  and  costs  are  paid,  at  a dollar  per 
day,  said  imprisonment,  however  not  to  exceed  the  term  of 
six  months  in  all;  or  may  order  that  executions  issue  agfainst 
the  defendant  for  such  fine  and  costs,  and  should  any  such 
execution  be  returned  unsatisfied,  either  wholly  or  in  part, 
a suit  may  be  maintained,  upon  any  bond  that  such  defend- 
ant may  have  g^iven  in  accordance  with  section  twelve  hun- 
dred and  fort}^-three. 

Pag-es  66,  67. 

Sec.  157.  Selling  on  election  days.  It  shall  be 
unlawful  for  any  person  either  licensed  or  unlicensed  to  sell, 
gfive  away,  or  in  any  manner  dispose  of  directly  or  indirctly 
any  spirituous,  vinous,  or  other  intoxicating^  liquors  on  any 
part  of  any  day  set  apart  or  to  be  set  apart  for  any  g-eneral 
or  special  election  for  any  state,  county,  municipal,  district, 
or  precinct  officer,  in  any  election  district  in  the  city  except 
for  medical  purposes  upon  the  prescription  of  a physician. 
Any  person  violating-  any  of  the  provisions  of  this  section 
shall  be  guilty  of  a misdemeanor. 

Sec.  158.  Physicians’  prescriptions.  If  false. 

Any  physician  who  shall  issue  to  any  person  a prescription 
to  obtain  any  intoxicating  liquors  at  any  time  when  the  sale 
or  disposal  thereof  shall  have  been  forbidden  by  law,  ordi- 
nance, or  proclamation,  shall  certify  on  said  prescription 
that  the  health  of  the  person  to  whom  the  prescription  is 
issued  requires,  and  would  be  promoted  by,  the  particular 
kind  of  liquor  prescribed.  Any  physician  who  shall  issue 
any  prescription  for  any  intoxicating  liquors  contrary  to 
this  section,  or  believing  the  same  to  be  false,  shall  be  guil- 
ty of  a misdemeanor. 

Sec.  159.  Proclamation  forbidding  sale  on 
legal  holiday.  The  mayor  is  hereby  authorized, whenever 
in  his  judgment  the  public  good  shall  demand  it,  to  forbid, 
by  proclamation,  the  sale  or  disposition  in  any  manner,  with- 


128 


Revised  Ordinances. 


in  the  city,  of  spirituous,  vinous,  or  other  intoxicating' 
liquors,  upon  any  day  desig-nated  or  set  apart  in  this  state 
as  a leg'al  holiday. 

Sec.  160.  Id.  Penalty.  Any  person,  whether  li- 
censed or  not,  who  shall  sell,  g-ive  away,  or  in  any  manner 
dispose  of  for  g-ain,  any  spirituous,  vinous,  or  intoxicating 
liquors,  upon  any  day  when  such  sale  or  disposition  shall 
have  been  forbidden  by  proclamation,  except  for  medical  pur- 
poses upon  a prescription  issued  by  a regular  practicing 
physician,  shall  be  guilty  of  a misdemeanor. 

Sec.  161.  Forbidding  minors  in  saloons.  Any 

person  under  twenty-one  years  of  age  found  in  any  saloon 
in  this  city  shall  be  deemed  guilty  of  an  offense  and  liable 
to  a fine  in  any  sum  not  to  exceed  ten  dollars,  or  by  impri- 
sonment not  to  exceed  ten  days,  or  by  both  such  fine  and  im- 
prisonment in  the  discretion  of  the  court. 

Sec.  162.  No  person  licensed  as  aforesaid,  nor  any  em- 
ployee of  such  person,  nor  any  person  acting  in  his  stead 
or  behalf,  shall  sell,  give  away,  or  in  any  way  dispose  of  any 
intoxicating  drink  before  the  hour  of  5 a.  m.,  or  after  the 
hour  of  11  p.  m.,  except  for  medical  purposes,  upon  the  pre- 
scription of  a physician. 

Sec.  163.  Bar-room,  how  arranged.  The  front 
wall  or  partion  of  all  bar-rooms  or  other  places  where  liquors 
are  sold  at  retail  shall  be  constructed  in  part  of  clear,  un- 
painted, transparent  glass  from  a height  not  to  exceed  four 
feet  from  the  sidewalk  up  and  so  arranged  that  when  the 
blinds  and  screens  are  removed,  a free  and  unobstructed 
view  of  the  interior  can  be  had  from  the  sidewalk  or  other 
public  place  adjacent  thereto.  At  all  times  in  this  ordinance 
mentioned  when  sales  of  liquor  are  prohibited,  all  screens, 
blinds  and  other  obstructions  preventing  a full  view  from 
the  sidewalk  or  other  public  place,  of  the  interior  of  such 
bar-room  or  other  place  where  liquor  is  sold  at  retail  shall 
be  removed. 


Revised  Ordinances. 


129 


Sec.  164.  Penalty.  An}^  person  violating- any  of  the 
provisions  of  the  two  preceding-  sections  shall  upon  convic- 
tion thereof  be  punishable  by  a fine  not  to  exceed  one  hun- 
dred dollars  or  bj’  imprisonment  in  the  city  jail  not  to  ex- 
ceed thirty  days,  or  by  both  fine  and  imprisonment. 

Sec.  165.  Tobacco  must  not  be  sold  to  minors. 

Any  person  who  shall  sell,  give  or  furnish  any  cigar,  cigar- 
ette or  tobacco  in  any  form,  or  any  opium  or  other  narcotic 
in  any  form  to  any  person  under  eighteen  years  of  age  in  the 
city  shall  be  deemed  guilty  of  an  offense,  and  upon  convic- 
tion thereof  shall  be  fined  in  any  sum  not  less  than  ten  nor 
more  than  one  hundred  dollars. 

Sec,  166.  Unlawful  for  minors  to  use  narcot- 
ics. It  is  hereby  made  unlawful  for  any  person  under 
eighteen  years  of  age  in  the  city,  to  smoke  any  cigar,  cigar- 
ette, or  use  tobacco  in  any  form,  or  any  opium  or  any  other 
narcotic  in  any  form.  Any  person  under  eighteen  years  of 
age  violating  the  provisions  of  this  section  shall  be  deemed 
guilty  of  an  offense,  and  upon  conviction  shall  be  fined  in 
any  sum  less  than  ten  dollars,  or  be  imprisoned  in  the  city 
jail  not  to  exceed  ten  days. 

Sec.  167.  Id.  Exemptions  when  prescribed  by 
physicians.  The  provisions  of  this  ordinance  shall  not 
apply  to  the  use,  sale,  giving  or  furnishing  of  any  narcotic 
upon  the  prescription  of  a physician. 


BILLIARD  TABLES,  ETC. 

Sec.  168.  Obtain  license.  No  person  shall  keep  or 
use  in  any  public  place  in  this  city,  any  billiard  or  pool  ta- 
ble or  tables,  or  any  pin  or  ball  alley,  or  nine  or  ten  pin  al- 
ley or  alleys,  or  the  runway  or  runways  of  either  thereof,  in 


130 


Revised  Ordinances. 


or  on  which  ^ames  are  played,  without  first  obtaining  a li- 
cense and  paying  a tax  therefor  as  hereinafter  provided. 

Sec.  169.  Id.  Applications.  Amount.  All  ap- 
plications for  license  as  contemplated  by  the  preceding  sec- 
tion, shall  state  the  number  and  kind  of  tables,  pin  or  ball 
alleys,  or  nine  or  ten  pin  alleys  and  the  runways  thereof  to 
be  licensed,  and  the  place  of  keeping  the  same.  Upon  the 
filing  of  such  application  and  upon  payment  into  the  city 
treasury  of  fifteen  dollars  per  quarter  for  each  and  every 
such  table,  and  of  fifteen  dollars  per  quarter  for  each  and 
every  pin  or  ball  alley,  or  nine  or  ten  pin  alley  and  the  run- 
way thereof,  specified  in  said  application,  quarterly  licenses 
may  be  issued  thereon. 

Sec.  170.  Restrictions  on  minor,  drunkenness, 
etc.  No  person  licensed  as  provided  in  the  two  preceding 
sections,  shall  permit  any  minor  under  twenty-one  years  of 
age  to  be  and  remain  within  his  place  of  business,  where 
such  games  are  played,  without  the  written  consent  of  the 
parent  or  guardian  of  said  minor.  He  shall  prohibit  drunken- 
ness or  any  disorderly  conduct  within  his  place  of  business, 
and  shall  not  keep  such  place  of  business  open  before  the 
hour  of  five  o’clock  a.  m.,  nor  after  the  hour  of  eleven  o’clock 
p.  m.,  on  any  day  of  the  week,  nor  at  any  time  during 
first  day  of  the  week,  commonly  called  Sunday. 

Sec.  171.  Penalty.  Every  person  violating  any  of 
the  provisions  of  the  three  preceding  sections,  shall,  upon 
conviction  thereof,  be  punished  by  a fine  in  any  sum  not  ex- 
ceeding one  hundred  dollars,  or  by  imprisonment  not  ex- 
ceeding one  hundred  days,  or  by  both  fine  and  imprison- 
ment, at  the  discretion  of  the  court. 


CHAPTER  XIV, 

DOGS. 

Sec.  To  be  registered.  Annual  tax.  Pen- 

alty. It  shall  not  be  lawful  for  any  person  to  own  or  keep 


Revis^:d  Okdinances, 


131 


a dog^  within  the  limits  of  the  city  without  making-  appli- 
cation to  the  city  recorder  for  that  purpose,  and  shall  pay 
to  said  recorder,  for  the  benefit  of  the  city,  an  annual  tax 
of  two  dollars  for  a female  dog-,  and  one  dollar  for  a male 
dog^.  The  recorder  shall  register  the  applicant’s  name  and 
a description  of  the  dog,  and  give  to  said  applicant  a certi- 
ficate of  registry.  Any  person  violating  this  section  shall 
be  liable  to  a fine  in  any  sum  not  less  than  three  nor  more 
than  ten  dollars  for  each  offense. 

Sec.  173.  Collars  and  numbers.  All  dogs  so  reg- 
istered shall  wear  a suitable  collar  with  a metallic  plate  or 
check  attached  thereto,  having  a number  corresponding  with 
the  certificate  of  registry  inscribed  thereon,  and  all  dogs 
not  registered  and  collared  as  aforesaid  shall  be  liable  to  be 
killed  the  same  as  unregistered  dogs.  The  marshal  is  here- 
by authorized  to  kill,  or  cause  to  be  killed,  all  dogs  not  reg- 
istered according  to  the  provisions  of  this  chapter.  The 
owners  of  such  dogs  shall  be  liable  to  a fine  in  any  sum  not 
exceeding  ten  dollars. 

Sec.  174.  Female  dog  in  heat.  Any  female  dog 
running  at  large  while  in  heat  .shall  be  liable  to  be  killed 
and  the  owner  or  possessor  thereof  shall  be  liable  to  a fine 
in  any  sum  not  exceeding  fifteen  dollars. 

Sec.  175.  Permitting  in  place  of  worship.  Any 

owner  or  possessor  of  a dog  permitting  the  same  to  enter  or 
be  in  any  place  of  worship  during  public  service,  shall  be 
liable  to  a fine  in  any  sum  not  exceeding  five  dollars  for  each 
offense. 

Sec.  176.  Dangerous  dog  at  large.  If  any  owner 
or  possessor  of  a fierce,  dangerous,  or  mischievous  dog  per- 
mits the  same  to  go  at  large,  he  shall  be  liable  to  be  fined 
in  any  sum  not  exceeding  fifteen  dollars,  and  the  city  mar- 
shal shall  immediately  cause  said  dog  to  be  killed. 

Sec.  177.  Penalty  for  killing  registered  dog. 

Any  person  who  shall  kill,  or  cause  to  be  killed,  any  dog 
registered  as  herein  provided,  except  a female  dog  in  heat, 
without  the  consent  of  the  owner  or  possessor  thereof,  or  de- 


133 


Revised  Ordinances. 


prive  a registered  dog  of  its  collar,  or  put  a registered  tag 
on  any  dog  not  registered,  shall  be  liable  to  a fine  in  any 
sum  not  exceeding  twenty-five  dollars. 


CHAPTER  XV. 

MISDEMEANORS. 

Sec.  178.  Abusive  langiiiige.  If  any  person  shall 
abuse  another  by  using  menacing,  insulting,  slanderous  or 
profane  language  in  the  city,  he  shall  be  liable  to  a fine  in 
any  sum  not  exceeding  fifty  dollars,  or  to  imprisonment  not 
exceeding  thirty  days, -or  to  both  such  fine  and  imprison- 
ment. 

Sec.  179.  Animals,  cruelty  to,  etc  Every  per- 
son who  overdrives,  overloads,  drives  when  overloaded, 
overworks,  tortures,  torments,  deprives  of  necessary  suste- 
nance, cruelly  beats,  mutilates,  or  cruelly  kills  any  animal, 
or  causes  or  procures  the  same  to  be  done;  and  every  person 
having  the  charge  or  custody  of  any  animal,  either  as  own- 
er or  otherwise,  who  inflicts  unnecessary  cruelty  upon  the 
same,  or  wilfully  fails  to  provide  such  animal  with  proper 
food,  drink,  shelter,  or  protection  from  the  weather,  shall, 
for  every  such  offense,  be  punished  b}^  imprisonment  not  ex- 
ceeding three  months,  or  by  fine  not  exceeding  one  hundred 
dollars,  or  by  both  such  fine  and  imprisonment. 

Sec.  180.  Animals,  killing,  maiming,  or  poi- 
soning. Any  person  who  shall  wilfullv  kill,  maim,  or  dis- 
figure any  horse  or  other  domestic  animal,  the  property  of 
another,  or  administer  poison  to  any  such  animal,  or  expose 
any  poisonous  substance  with  the  intent  that  it  shall  be 
taken  by  any  such  animal,  shall  be  liable  to  a fine  in  any 
sum  not  exceeding  one  hundred  dollars,  or  imprisonment  for 
a term  not  exceeding  three  months,  or  to  both  such  fine  and 
imprisonment. 

Sec.  181.  Aiiimals,(lriviiig  sheep  tlirougli  streets. 

Every  person  who  drives  any  herd  of  sheep,  horses  or 
cattle  consisting  of  one  hundred  or  more,  over  or  upon  any 
of  the  public  streets  of  this  city,  except  by  the  permission 
and  according  to  the  direction  of  the  city  marshal  first  had 
and  obtained,  shall,  upon  conviction  thereof,  be  fined  in  any 
sum  not  exceeding  one  hundred  dollars. 


Revised  Ordinances. 


133 


Sec.  182.  Assault  aiiil  Battery.  Any  person  who 
shall  commit  an  assault  or  battery  within  the  limits  of  the 
city,  shall,  up3n  conviction,  be  fined  in  any  sum  not  to  ex- 
ceed one  hundred  dollars,  or  be  imprisoned  for  a period  not 
to  exceed  one  hundred  days  or  both. 

Sec.  183.  Batliiiig’  in  city  limits.  No  person  shal^ 
swim  or  bathe  in  any  of  the  waters  within  the  limits  of  the 
city,  except  in  public  or  private  bath  houses,  unless  covered 
with  a bathing-  suit  so  as  to  prevent  any  indecent  exposure 
of  person,  under  a penalty  of  not  to  exceed  twent}^-five 
dollars  for  each  offense. 

Sec.  184.  Dangerous  and  concealed  weapons. 

Any  person  who  shall  carry  any  slingshot,  or  any  concealed 
deadly  weapon,  without  the  permission  of  the  marshal  first 
had  and  obtained,  shall,  upon  conviction,  be  liable  to  a fine 
not  exceeding  one  hundred  dollars. 

Sec.  185.  Defacing  or  destroying  property.  Any 

person  who  shall  wilfully  injure,  deface  or  destroy  any  build- 
ing or  fixture  thereof,  or  injure,  destroy  or  secrete  any  goods, 
chattels  or  valuable  papers  of  another,  or  prepare  any  dead- 
fall, or  dig  any  pit,  or  arrange  any  trap,  to  injure  another’s 
person  or  property,  or  take  down,  injure  or  remove  any 
monument,  street  sign,  or  any  tree  marked  as  a boundary 
of  any  tract  of  land  or  city  lot,  or  destroy,  deface  or  alter 
the  marks  ot  any  monument  or  street  sign,  or  injure  or  de. 
stroy  any  fence  or  fountain,  or  any  shade  or  fruit  tree,  or 
any  other  kind  of  public  or  private  property,  or  deface  side- 
walks with  painted  or  printed  handbills  or  signs,  posters  or 
other  advertisements,  shall  be  liable  to  a fine  in  any  sum  not 
exceeding  one  hundred  dollars,  or  to  imprisonment  not  to 
exceed  three  months,  or  to  both  such  fine  and  imprisonment. 

Sec.  186.  Discharging  guns.  Any  person  dis- 
charging guns  or  pistols  within  the  limits  of  the  city  (ex- 
cept in  self-defense,  or  in  the  case  of  any  civil  officer  in  the 
discharge  of  his  dutyj,  shall  be  liable  to  a fine  of  not  more 
than  fifty  dollars  for  every  such  offense. 

Sec.  187.  Disorderly  house.  Any  person  who  shall 
keep  any  ill-governed  or  disorderly  house,  or  who  shall  suf- 


134 


Revised  Okdinances. 


feror  permit  any  drunkenness,  quarreling,  fighting,  unlaw- 
ful games,  or  riotous  or  disorderly  conduct  whatever  on  his 
premises,  shall,  upon  conviction  thereof,  be  fined  in  any 
sum  not  exceeding  one  hundred  dollars  for  each  and  every 
offense. 

Sec.  188.  Distiirbaiice  of  peace.  If  any  person 
shall  commit  a disturbance  of  the  peace  within  the  limits  of 
the  city,  by  brawling  or  noisy  acclamations,  by  tumultuous 
or  offensive  language  or  conduct,  by  blowing  for  a longer 
period  than  five  seconds  any  kind  of  steam  whistle,  except- 
ing in  case  of  fire  or  accident,  within  the  limits  of  the  city, 
or  making  other  noises,  he  shall  be  liable  to  a fine  in  any 
sum  not  exceeding  one  hundred  dollars,  or  to  imprisonment 
not  exceeding  three  months,  or  to  both  such  fine  and  impri- 
sonment. 

Sec.  189.  Disturbance  at  election,  etc.  If  any 
person  shall  excite  disturbance  or  contention  at  a public 
house,  court,  election,  or  any  lawful  meeting  of  citizens  with- 
in the  limits  of  the  city,  he  shall  be  liable  to  a fine  in  any 
sum  not  exceeding  one  hundred  dollars,  or  to  imprisonment 
not  exceeding  three  months,  or  to  both  such  fine  and  im- 
prisonment. 

Sec.  190.  Disturbance  at  religious  meeting. 

Any  person  who  shall  disturb  a public  assembly,  congre- 
gated for  religious  or  other  lawful  purposes,  within  the  lim- 
its of  the  city,  by  undue  noise,  or  by  offensive,  unbecoming 
or  indecent  behavior,  shall  be  liable  to  a fine  in  any  sum  not 
exceeding  one  hundred  dollars,  or  to  imprisonment  not  ex- 
ceeding three  months,  or  to  both  such  fine  and  imprison- 
ment. 

Sec.  191,  Drugs  to  be  labeled.  Poison.  All  per- 
sons who  prepare  or  put  up  drugs  or  medicines  are  hereby 
required  to  label  them  in  a plain  and  legible  manner,  in  the 
English  language,  and  all  drugs  of  a poisonous  nature  shall 
be  labeled  “poison.” 

Sec.  192.  Druiikeiiiiess.  Any  person  found  drunk 
in  any  street,  lane,  alley  or  other  public  place  in  the  city, 
shall  be  liable  to  a fine  not  exceeding  fifty  dollars  for  each 


Revised  Okdinances. 


135 


offense;  and  any  person  found  drunk  elsewhere  in  the  city, 
on  complaint  b^ing-  made  to  any  peace  offijer,  shall  be  lia- 
ble to  arrest  and  punishment  by  fine  not  exceeding-  twenty- 
five  dollars. 

Sec.  193.  Eiiticiiij?  minors  from  giiardiaii,  etc. 

Any  person  who  shall  use  any  influence  to  entice  or  persuade 
any  minor,  male  or  female,  under  the  ag-eof  fourteen  years, 
from  his  or  her  parents,  guardians,  or  other  person  having- 
charg-e  of  the  same,  without  the  consent  of  such  parents, 
g-uardians  or  other  person,  shall  be  liable  to  a fine  of  not 
more  than  one  hundred  dollars,  or  to  imprisonment  not 
more  than  three  months,  or  both, 

Sec.  194.  Escape  of  prisoners.  Any  person  con- 
victed of  any  offense  ag-ainst  the  ordinances  of  the  city,  and 
in  lawful  custody  therefor,  who  shall  escape  from  such  cus- 
tody, shall  be  liable  to  be  punished  by  a fine  or  imprison- 
ment not  exceeding  the  original  punishment. 

Sec.  195.  Escape  of  prisoners.  Abetting  or 
aiding.  Any  person  within  the  limits  of  the  city,  who 
shall  aid  or  assist  a person  to  escape  from  lawful  confine- 
ment, or  who  shall  aid  or  assist  another  to  escape  from  any 
peace  officer  of  the  city,  shall,  on  conviction,  be  liable  to  a 
fine  of  not  less  than  five  nor  more  than  one  hundred  dollars, 
or  to  imprisonment  not  to  exceed  three  months,  or  to  both 
fine  and  imprisonment,  for  each  offense. 

Sec.  196.  Taking  weapons  and  tools  to  prison- 
ers. Any  person  who  shall  take  into  the  city  prison,  or 
deliver  to  any  prisoner  therein  confined,  or  in  custody  of 
any  officer  of  such  prison,  any  weapon,  tool,  intoxicating 
drink,  or  other  article,  or  attempt  so  to  do,  without  the  con- 
sent of  the  officer  in  charge,  shall,  upon  conviction,  be  lia- 
ble to  a fine  of  not  to  exceed  one  hundred  dollars,  or  to  im- 
prisonment not  to  exceed  three  months,  or  both  such  fine 
and  imprisonment. 

Sec.  197.  False  pretenses.  Refresh  in  eiits.  Any 
person  who  shall,  within  the  limits  of  the  city,  obtain  any 
goods,  chattels  or  other  property  under  false  pretenses,  or 
who  shall  enter  into  any  public  house,  shop  or  place,  and 


136 


Revisp:d  Ordinances. 


call  for  refreshments  or  other  article  or  thing’  and  receive 
the  same  and  depart  without  paving- or  satisfying  the  owner 
thereof,  shall  be  liable  to  a fine  in  any  sum  not  exceeding 
one  hundred  dollars,  or  to  imprisonment  not  exceeding  three 
months,  or  to  both  such  fine  and  imprisonment. 

Sec.  198.  Fighting.  It  shall  be  unlawful  for  two 
or  more  persons  to  engage  in  a fight  within  the  limits  of  the 
city;  and  the  persons  guilty  thereof  shall,  upon  conviction, 
each  be  liable  to  be  fined  in  any  sum  not  exceeding  fifty 
dollars. 

Sec.  199.  Food  and  liquor,  selling  unwhole- 
some. Any  person  who  shall  sell,  or  expose  for  sale,  any 
bad  beef,  pork,  mutton,  or  other  meat,  stale  or  otherwise 
impure  flour,  meal,  grain  or  vegetables;  or  adulterated  or 
unwholesome  spirituous  or  malt  liquors,  or  other  beverage 
intended  for  drinking;  or  any  other  kind  of  unwholesome 
provision,  preparation,  condiment,  or  seasoning  for  meats 
and  drinks,  shall  be  liable  to  a fine  in  any  sum  not  exceed- 
ing one  hundred  dollars,  or  to  imprisonment  not  exceeding 
three  months,  or  to  both  fine  and  imprisonment;  and  the 
court  having  jurisdiction  may  order  such  provisions  and 
drinks  to  be  destroyed. 

Sec.  200.  Fowls  must  not  trespass.  It  shall  be 
unlawful  for  the  owner  of  any  domestic  fowls,  such  as  tur- 
keys, ducks,  geese  or  chickens,  to  permit  such  fowls  to  tres- 
pass upon  the  premises  of  another  person  at  any  time  be- 
tween the  first  day  of  March  and  the  thirty-first  day  of  Oct- 
ober, and  any  such  owner,  for  permitting  them  to  so  tres- 
pass, shall,  on  conviction,  be  liable  to  a fine  in  any  sum  not 
exceeding  ten  dollars. 

Sec.  201.  Gambling  houses,  keeping  or  rent- 
ing. If  any  person  shall  keep  a house,  shop  or  any  other 
place  resorted  to  for  the  purpose  of  gambling,  or  permit  or 
suffer  any  person  in  any  hvjuse,  shop  or  other  place  under 
his  control  or  care,  to  play  at  cards,  dice,  faro,  roulette, 
keno,  or  any  other  game  for  money  or  other  property,  or 
thing  representing  money,  within  the  limits  of  the  city, 
such  offender,  for  such  offense,  shall  be  liable  to  a fine  not 
exceeding  one  hundred  dollars,  or  to  imprisonment  not  ex- 


Revised  Ordinances, 


137 


ceeding-  three  months,  or  to  both  such  fine  and  imprison- 
ment. In  a prosecution  under  this  section,  any  person  who 
has  the  charg-e  of,  or  attends  to,  any  such  house,  shop  or 
place,  may  be  deemed  the  keeper  thereof,  and  any  person 
renting-  out  a house  or  place  for  the  purpose  of  g-ambling-, 
shall  be  liable  to  the  penalties  prescribed  in  this  section. 

Sec.  202.  Oaiiibliiig.  Every  person  who  shall  play 
at  any  g-ame  for  mone}"  or  other  property,  or  thing  repre- 
senting money  or  other  property,  within  the  limits  of  the 
city,  shall,  for  each  and  every  such  offense,  upon  conviction 
thereof,  be  punished  by  a fine  not  exceeding  one  hundred 
dollars,  or  by  imprisonment  in  the  city  jail  not  exceeding 
three  months,  or  by  both  such  fine  and  imprisonment,  at  the 
discretion  of  the  court. 

Sec.  203.  Interfering  with  officer.  Any  person 
who  shall  interfere  with,  resist,  molest,  or  threaten  to  mo- 
lest, any  officer  of  the  city  in  the  exercise  of  his  official 
duties,  shall  be  liable  to  a fine  in  any  sum  not  exceeding  one 
hundred  dollars,  or  to  imprisonment  not  more  than  three 
months,  or  to  both  such  fine  and  imprisonment. 

Sec.  204.  Lottery  defined.  A lottery  is  any  scheme 
for  the  disposal  or  distribution  of  property  by  chance,  among 
persons  who  have  paid  or  promised  to  pay  any  valuable  con- 
sideration for  the  chance  of  obtaining  such  property  or  a 
portion  of  it,  or  for  any  share,  or  any  interest  in  such  prop- 
erty, upon  any  agreement,  understanding,  or  expectation 
that  it  is  to  be  distributed  or  disposed  of  by  lot  or  chance, 
whether  called  a lottery,  raffle,  or  gift  enterprise,  or  by 
whatever  name  the  same  may  be  known.  Every  person 
who  contriv^es,  prepares,  sets  up,  proposes,  or  draws  any 
lottery,  is  guilty  of  a misdemeanor  and  shall,  on  conviction, 
be  liable  to  a fine  in  any  sum  not  exceeding  one  hundred 
dollars,  or  to  imprisonment  not  exceeding  three  months,  or 
to  both  such  fine  and  imprisonment. 

Sec.  205.  Obscene  literature  or  conduct.  No 

person  shall: 

First. — Offer  for  sale,  sell,  exhibit,  pass,  give,  or  deliver 


138. 


Revised  Okdinances. 


to  another,  any  obscene,  lewd  or  indecent  book,  pamphlet, 
picture,  card,  print,  paper,  writing-,  mould,  cast  or  fig-ure, 
or  have  the  same  in  his  possession,  unless  it  is  shown  that 
the  possession  is  innocent  or  for  a lawful  purpose. 

Second.— Circulate  or  distribute, or  cause  to  be  circulated 
or  distributed,  any  pamphlets,  books,  or  circulars  treating- 
of  or  illustrating  any  of  the  diseases  of  the  sexual  organs. 

Third. — Appeau  in  a public  place  naked,  or  in  an  inde- 
cent or  lewd  dress. 

Fourth. — -Make  any  obscene  or  indecent  exposure  of  his 
or  her  person,  or  urinate  or  stool  in  any  place  open  to  pub- 
lic view. 

Fifth.— Indecently  exhibit  any  horse,  bull  or  other  ani- 
mal. 

Sixth.— Be  guilty  of  prostitution  or  any  lewd,  lascivious 
or  other  open  obscene  or  indecent  conduct. 

Seventh. — -Utter  or  speak  any  obscene  or  lewd  language. 

Eighth. — 'Exhibit  or  perform  any  inrlecent,  immoral  or 
lewd  play  or  other  representation. 

Any  person  who  shall  violate  any  of  the  provisions  of 
this  section  shall,  upon  conviction,  be  liable  to  a fine  in  any 
sum  not  to  exceed  one  hundred  dollars,  or  to  imprisonment 
not  to  exceed  three  months,,  or  to  both  such  fine  and  impri- 
sonment. 

Sec.  206.  Opium  dens.  No  person  shall,  within  the 
limits  of  the  city,  keep  or  maintain,  or  become  an  inmate  of, 
or  visit,  or  in  any  way  contribute,  to  the  support  of  any  place, 
house  or  room  where  opium  is  smoked,  or  where  persons  as- 
semble for  the  purpose  of  smoking  opium,  or  inhaling  the 
fumes  of  opium,  or  where  opium  is  sold  for  such  purposes. 
Any  person  violating  any  of  the  provisions  of  this  section 
shall  be  liable,  for  each  and  every  offense,  to  punishment 
by  fine  in  any  sum  not  exceeding  one  hundred  dollars,  or  by 
imprisonment  for  a period  of  not  more  than  three  months, 
or  both  such  fine  and  imprisonment. 

Sec.  207.  Personating  an  officer.  Any  person 
who  shall  falsely  represent  himself  to  be  an  officer  of  the 


Revised  Ordinances. 


139 


city,  or  attempt  to  personate  one,  or  who,  without  authori- 
ty, shall  perform  any  official  act  for  or  in  behalf  of  any  such 
officer,  shall  be  liable  to  a fine  in  any  sum  not  exceeding-  one 
hundred  dollars,  or  to  imprisonment  not  exceeding-  three 
months,  or  to  both  such  fine  and  imprisonment. 

Sec.  208.  Petit  larceny . Petit  larceny  is  the  unlaw- 
ful stealing-,  taking-,  carrying-,  leading-  or  driving-  away  the 
personal  property  of  another,  when  the  property  so  taken 
does  not  exceed  fifty  dollars  in  value,  and  when  said  proper- 
ty is  not  taken  from  the  person  of  another.  Petit  larceny 
is  punishable  by  a fine  in  any  sum  not  exceeding-  three  hun- 
dred dollars,  or  by  imprisonment  not  exceeding-  six  months, 
or  by  both  such  fine  and  imprisonment. 

Sec.  209.  Posting  bills  without  permission- 

Any  person  who  shall  print,  paint,  write,  mark  or  in  any 
way  post  up  any  notice,  card,  advertisement  or  other  device 
upon  any  wall,  fence,  tree,  post,  building-,  or  other  proper- 
ty, or  cause  the  same  to  be  done,  without  the  permission  of 
the  owner  or  ag-ent  thereof,  within  the  limits  of  the  city, 
shall  be  liable  to  a fine  not  exceeding-  fifty  dollars. 

Sec.  210.  Posted  ordinances,  advertisements, 
etc.  Any  person  who  shall,  without  authority,  tear  down 
or  deface  any  ordinance,  bill,  notice,  advertisement,  or  any 
other  paper  of  a business  or  legitimate  character,  lawfully 
posted  up  within  the  limits  of  the  city,  within  thirty  days 
from  the  date  of  such  paper,  shall  be  liable  to  a fine  not  ex- 
ceeding fifty  dollars,  or  to  imprisonment  not  exceeding 
twenty  days  for  every  such  offense. 

Sec.  211.  Profanity.  Any  person  profaning  the 
name  of  the  Deity  within  the  limits  of  the  city,  shall  be  lia- 
ble to  a fine  not  exceeding  ten  dollars,  or  to  imprisonment 
not  exceeding  five  days,  or  to  both  such  fine  and  imprison- 
ment. 

Sec.  212.  Reckless  driving.  Any  person  who 
shall,  by  riding  or  driving  immoderately  or  recklessly,  run 
any  horse,  mule  or  other  animal,  in  any  of  the  streets  of 


140 


Revised  Okdinances. 


the  city,  shall  be  liable  to  a fine  in  any  sum  not  exceeding’ 
fifty  dollars. 

Sec.  213.  Riot  defined.  Proclaniatioii.  When 
three  or  more  persons  assemble  together,  and  in  a violent 
and  tumultuous  manner,  commit  an  unlawful  act,  or  do  a 
lawful  act  in  an  unlawful,  violent  or  tumultuous  manner, 
to  the  disturbance  of  the  peace,  within  the  limits  of  the  city, 
it  shall  be  deemed  a riot,  and  every  such  offender  shall  be 
liable  to  imprisonment  not  exceeding  six  months,  or  to  a 
fine  not  exceeding  one  hundred  dollars,  or  to  both  such  fine 
and  imprisonment,  and  the  mayor  or  any  councilman  is 
hereby  authorized  to  make  proclamation  among  the  persons 
so  assembled,  or  as  near  to  them  as  he  can  safely  come, 
charging  and  commanding  them  in  the  name  of  the  city, 
to  immediately  disperse  and  peacefully  depart  to  their  habi- 
tations or  lawful  pursuits;  and  if,  upon  such  proclamation 
being  made,  such  persons  shall  not  obey  the  same,  said  may- 
or or  councilman  may  command  the  marshal,  the  police,  and 
the  full  power  of  the  city  to  arrest  the  offenders,  and  bring 
them  before  any  officer  having  jurisdiction  over  the  offense, 
to  be  dealt  with  according  to  the  provisions  of  this  sec- 
tion. 

Sec.  214.  Riot.  Assistance  in  suppressing. 

Any  person  neglecting  or  refusing  to  give  prompt  assist- 
ance after  the  making  of  the  aforesaid  proclamation,  and  a 
call  for  his  services  having  been  made  to  secure  any  offend- 
ers mentioned  in  the  preceding  section,  shall  be  liable  to  im- 
prisonment not  exceeding  thirty  days,  or  to  a fine  not  ex- 
ceeding one  hundred  dollars,  or  to  both  such  fine  and  im- 
prisonment. 

Sec.  215.  Trespass.  Any  person  who  shall  take  down 
any  fence,  or  let  down  any  bars,  or  open  any  gate  so  as  to 
expose  any  enclosure,  or  ride,  drive,  or  walk  across,  or  lodge, 
camp,  or  sleep  upon,  the  premises  of  another,  without  per- 
mission of  the  owner  or  occupant  thereof,  shall  be  liable  to 
a fine  in  any  sum  not  exceeding  one  hundred  dollars. 

Sec.  216.  Vagrancy.  Every  person  (except  an  In- 


Revised  Ordinances. 


141 


dian)  without  any  visible  means  of  living-,  who  has  the  phy- 
sical ability  to  work,  and  who  does  not,  for  the  space  of  five 
days,  seek  employment,  nor  labor  when  employment  is  of- 
fered him;  every  healthy  beg-g-ar  who  solicits  alms  as  a bus- 
iness ;e  very  person  who  roams  about  from  place  to  place  with- 
out any  lawful  business;  every  idle  or  dissolute  person,  or 
associate  of  known  thieves, who  wanders  about  the  streets  at 
late  or  unusual  hours  of  the  nig-ht,  or  who  lodg-es  in  any 
barn,  shed,  shop,  outhouse,  vessel,  or  place  other  than  is 
kept  for  lodg-ing  purposes,  without  the  permission  of  the 
owner  or  party  entitled  to  the  possession  thereof;  every  lewd 
and  dissolute  person  who  lives  in  and  about  houses  of  ill- 
fame,  and  every  common  prostitute  and  common  diunkard, 
is  a vagrant,  and  punishable  by  imprisonment  not  exceeding 
three  montns,  with  or  without  labor  at  the  discretion  of  the 
court. 

Sec.  217.  Officer  refusing  to  perform  duties. 

Every  officer  of  the  city  who  shall  refuse  to  perform  any  of 
the  duties  imposed  upon  him  by  ordinance,  or  who  shall  per- 
form the  same  in  a fraudulent  or  partial  manner,  or  shall 
become  a party  to  or  encourage  any  violation  of  the  ordi- 
nances of  the  city,  shall  be  guilty  of  an  offense,  and  upon 
conviction  thereof,shall  be  liable  to  a fine  in  any  sum  not  ex- 
ceeding one  hundred  dollars,  or  to  be  imprisoned  in  the  city 
jail  not  exceeding  one  hundred  days,  or  to  both  such  fine 
and  imprisonment. 

Sec.  218.  Insulting  females.  Any  male  person 
who  rudely  or  improperly  follows,  pursues,  lays  hands  upon, 
molests,  insults,  or  insolently  or  offensively  speaks  to  or  ad- 
dresses any  female  person  in  any  street  or  public  place  in 
the  city  is  guilty  of  an  offense,  and  upon  conviction  thereof 
shall  be  liable  to  a fine  in  any  sum  not  exceeding  one  hun- 
dred dollars,  or  to  bejmprisoned  in  the  city  jail  not  exceed- 
ing one  hundred  days,  or  to  both  such  fine  and  imprison- 
ment. 

Sec.  219.  Crowds  obstructing  thoroughfares. 

It  shall  be  unlawful  for  any  person  or  persons  in  the  city 


142 


Revised  Okdinances. 


to  congreg'ate  about  or  upon  any  sidewalk,  stairway,  door- 
way, or  in  front  of  any  businessor  dwelling-  house,  theatre, 
lecture-room  church  or  elsewhere,  and  by  so  doing- obstruct 
or  interfere  with  the  free  passag-e  of  persons  entering-,  or 
occupying-  any  such  building-  or  premises,  or  by  their  lan- 
g-uag-e,  conversation,  or  conduct,  annoy,  insult  or  disturb 
persons  passing-  along-  any  street,  or  alley,  or  occupying-, 
residing:,  or  doing-  business  in  any  such  house,  houses  or 
places;  and  every  person  violating-  the  provisions  of  this  sec- 
tion is  guilty  of  an  offense,  and  upon  conviction  thereof, 
shall  be  liable  to  a fine  in  any  sum  not  exceeding-  one  hun- 
dred dollars,  or  to  be  imprisoned  in  the  city  jail  not  exceed- 
ing-one hundred  days,  or  to  both  such  fine  and  imprison- 
ment. 


CHAPTER  XVI. 

NUISANCES. 

Sec.  220.  Unlawful  keeping  of  live  stock  in 
the  city.  It  shall  not  be  lawful  for  any  person  to  keep  on 
amy  one  place  within  the  city  more  than  fifty  head  of  cattle, 
twenty  head  of  horses,  and  one  hundred  head  of  sheep. 
Anyone  violating-  this  provision  by  keeping-  any  more  than 
here  specified  shall  be  liable  to  a fine  of  not  more  than  fifty 
dollars. 

Sec.  221.  Slaughter  house.  Meat  market.  If 

any  owner  or  occupant  of  any  slaug-hter  house,  market,  meat 
shop,  or  other  place  where  any  swine,  beeves,  sheep,  fowls 
or  other  animals  are  slaughtered,  kept  or  sold,  either  in 
said  slaughter  house  or  on  the  premises  of  said  owner  or 
occupier,  shall  permit  the  same  to  remain  unclean,  to  the 
unnecessary  annoyance  of  the  citizens  of  the  city,  or  any 
of  them,  or  in  any  state  or  condition  detrimental  to  the  pub- 
lic health,  the  same  shall  be  deemed  a nuisance. 

Sec.  222.  Uncletin  drain.  Garbage  recei)taclc. 

If  any  person  causes  or  permits,  within  the  city  limits  any 


Revised  Ordinances. 


143 


unclean,  stinking-,  foul, detective  or  filthy  drain,  ditch,  tank 
or  gutter,  or  any  leaking  or  broken  slop,  garbage  or  manure 
box,  or  receptacle  of  similar  character,  to  remain  on  his 
premises,  the  same  shall  be  deemed  a nuisance. 

Sec.  223.  Vegetable  waste.  All  vegetable  waste, 
litter,  garbage,  filth  or  refuse  of  any  nature,  kind  or  des- 
cription which  shall  be  detrimental  to  the  public  health, 
found  in  or  upon  any  private  alley,  yard  or  area  within  the 
city  limits,  unless  the  same  is  temporarily  deposited  for  re- 
moval, shall  be  deemed  a nuisance. 

Sec.  224.  Bam,  pig  sty,  etc. —when  iinisaiices. 
Any  privy  or  pig  sty  erected  nearer  than  fifty  feet  to  the 
street  line  of  any  lot  in  the  city,  without  a special  permit 
from  the  mayor  or  marshal,  or  within  fifty  feet  of  the  resi- 
dence of  any  other  person  than  the  owner  of  such  privy  or 
pig  sty,  without  the  consent  of  such  other  person,  and  every 
barn,  stockyard,  or  offal  yard  erected  or  continued  within 
two  rods  of  any  street  line,  or  the  residence  of  any  other 
person,  without  permission,  and  any  shavings,  or  straw, 
(except  when  used  for  fuel),  chaff,  hay,  grain  or  forage 
placed  within  fifty  feet  of  any  dwelling  or  place  where  fire 
is  used,  is  hereby  declared  to  be  a nuisance  and  may  be 
abated  as  hereinafter  provided. 

Sec.  225.  Dead  animals.  Any  horse,  cow,  ox,  dog, 
cat  or  other  animal  that  shall  die  within  the  city  limits, 
and  the  carcass  of  which  shall  not  be  buried  within  twenty- 
four  hours  alter  the  death,  shall  be  deemed  a nuisance. 

Sec.  226.  Uiisoiiiid  food  or  offensive  matter. 

Any  putrid  or  unsound  meat,  fish,  hides  or  skins  of  any 
kind,  or  filth,  offal,  dead  animals,  vegetables,  or  any  un- 
sound or  offensive  matter  whatsoever,  thrown,  placed 
or  conducted  into  or  upon  any  street,  alley  or  lot,  or  into 
any  aqueduct,  ditch,  gutter  or  canal,  shall  be  deemed  a 
nuisance. 

Sec.  227.  Other  things  deemed  a nuisance. 

Every  act  or  thing  done  or  made,  permitted,  allowed  or 
continued  on  any  property,  public  or  private,  by  any  person 


144 


Revised  Ordinances. 


or  corporation,  their  ag-ents  or  servants,  detrimental  to 
health,  or  to  the  damage  or  injury  of  any  of  the  inhabitants 
of  the  city,  not  hereinbefore  specified,  shall  be  deemed  a 
nuisance. 

Sec.  228.  Police  to  report  nuisances.  It  shall 
be  the  duty  of  the  marshal  and  police  to  observe  the  sani- 
tary conditions  of  the  city,  and  report  to  the  health  officer 
promptly  any  nuisance  or  accumulated  filth,  or  anv  condi- 
tion detrimental  to  the  public  health,  found  in  any  portion 
of  the  city. 

Sec.  229.  Health  officer  to  abate.  Every  nuisance 
hereinbefore  mentioned,  declared  or  defined,  is  hereby  pro- 
hibited, and  in  case  of  neglect  or  refusal  of  any  person  to 
comply  with  the  provisions  of  this  chapter,  after  notice  in 
writing  has  been  served  as  provided  by  this  chapter,  it  is 
hereby  made  the  duty  of  the  health  officer  to  abate  or  pro- 
cure the  abatement  thereof  by  filling  up,  draining,  clean- 
ing, purifying  or  removing  the  same,  as  the  case  may  be, 
and  the  cost  shall  be  collected  from  the  authors  thereof. 

Sec.  230.  Penalty  for  violation.  Any  person  or 
persons  who  shall  be  convicted  of  being  the  author  or  keeper 
of  a nuisance,  or  otherwise  guilty  of  a violation  of  any  pro- 
vision of  this  chapter,  shall  be  fined  for  the  first  offense  not 
less  than  five  dollars  nor  more  than  one  hundred  dollars, 
and  for  the  second  offense  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars,  and  for  the  third  and 
all  subsequent  offenses  not  less  than  fifty  dollars  nor  more 
than  one  hundred  dollars. 

Sec.  231.  Notice  to  abate  iinisapce.  In  order  to 
better  carry  out  the  provisions  of  this  chapter  the  health 
officer  may  serve  a notice  in  writing  upon  the  owner,  occu- 
pant or  agent  of  any  lot,  building  or  premises  in  or  upon 
which  any  nuisance  may  be  found,  or  upon  him  who  may 
be  the  cause  of  such  nuisance,  requiring  him  to  abate  the 
same  in  such  manner  as  the  health  officer  may  direct,  and 
within  a reasonable  time;  and  if  such  owner,  occupant,  or 
agent  shall  neglect  or  refuse  to  comply  with  the  require- 


Revised  Ordinances. 


145 


merits  of  such  notice  within  the  time  specified,  he  shall,  up- 
on conviction  thereof,  be  fined  in  any  sum  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars.  The  failure  to 
g-ive  a notice  as  provided  herein  shall  not  relieve  the  author 
of  anj^  nuisance  of  the  penalties  provided  in  this  chapter. 


CHAPTER  XVII. 

CURFEW. 

Sec,  232.  When  for  minors  not  to  be  on  streets. 

It  shall  be  unlawful  for  any  person  under  seventeen  years 
of  age  to  be  on  any  of  the  streets  or  public  places  in  the 
city  after  eight  o'clock  p.  m.,  and  before  seven  o’clock  a.  m, 
of  any  day,  from  the  first  day  of  November  in  each  year  to 
the  first  da}"  of  April  following;  and  after  nine  o’clock  p, 
m.  and  before  five  o’clock  a,  m.  on  any  day,  from  the  first 
day  of  April  to  the  first  day  of  November  in  each  year,  ex- 
cept by  written  permit  of  the  parent,  guardian  or  other  per- 
son having  control  of  such  minor,  or  except  such  minor 
be  attended  by  some  relative,  guardian  or  custodian.  All 
such  permits  must  be  properly  dated,  and  are  valid  only  for 
the  day  named  therein. 

Sec.  233.  Bell  to  be  rung.  It  shall  be  the  duty  of 
the  city  marshal,  or  some  one  authorized  by  him,  to  ring 
the  curfew  bell  as  designated  by  the  city  council,  at  the 
hours  of  eight  and  nine  o’clock  p,  m.,  as  herein  specified 
during  the  year. 

Sec.  234.  Penalty.  Any  person  violating  the  pro- 
visions of  this  chapter  shall  be  deemed  guilty  of  an  offense, 
and  liable  t(*  be  fined  in  any  sum  not  exceeding  five  dollars, 
or  imprisonment  not  exceeding  five  days,  or  both. 


146 


Revised  Ordinances, 


CHAPTEK  XVlIl. 

SALARIES  AND  FEES. 

Sec.  235.  Salaries,  when  fixed.  The  citj  council 
shall,  at  the  regular  meeting  thereof  in  October,  1899,  and 
biennially  thereafter,  fix  the  salaries  of  all  city  officers  for 
the  ensuing  two  yesivs;  J>rovtded^  that  the  salaries  already 
fixed  shall  remain  in  force  if  not  changed  as  provided  in  this 
section. 

The  annual  salaries  of  city  officers  are  hereby  fixed  at 


the  following  amounts  respectively: 

Mayor  $ 75.00 

Councilmen,  each  (20  cts.  per  hour  for  committee 

work ) 30.00 

Recorder 160.00 

Treasurer 140.00 

Justice  of  the  Peace 80.00 

Marshal  and  assistants  600.00 

Supervisor  of  Streets 150.00 

City  Poundkeeper  

Sexton 

Watermaster  and  assistants 300.00 

Surveyor 

Attorney  125.00 


Inspector  of  Buildings 

Sealer  of  Weights  and  Measures 

Superintendent  of  Water  Works 

BOARD  OF  health: 

Health  officer 20.00 

Secretary 

Members,  each  

Salaries  shall  be  definite,  Art.  XXL  Con.  p.  4,  g. 

Id.  Not  to  be  changed  during- term,  §225,  p.  31. 

Justice  pro  tern..  8242,  p.  36. 

Sec,  236.  Salaries,  when  paid.  Salaries  shall  be 
paid  in  equal  quarterly  installments,  at  the  end  of  March, 
June,  September  and  December.  The  recorder  shall  issue 


Revised  Ordinances. 


147 


warrants  upon  the  cit}^  treasurer  for  the  paynient  of  said 
salaries. 


FEES  OF  CITY  OFFICERS. 

Sec.  237.  Justice  of  the  peace.  Criminal  cases. 
The  city  justice  of  the  peace  shall  collect  the  following- 
fees: 

For  docketing  each  case,  twenty-five  cents. 

For  issuing  supoena,  including  all  witnesses  required, 
twenty-five  cents. 

For  each  venire,  fifty  cents. 

For  hearing  any  motion  or  demurrer,  for  each  hour  or 
fraction  thereof,  fifty  cents. 

For  entering  final  judgment,  filty  cents. 

For  each  dismissal  or  continuance,  twenty-five  cents. 

For  swearing  the  jury,  twenty-five  cents. 

For  filing  each  paper,  ten  cents. 

For  administering  oath  or  affirmation  to  other  than 
witnesses,  twenty*five  cents. 

For  swearing  each  witness,  ten  cents. 

For  preparing  and  certifying  transcript  on  appeal  and 
transmitting  papers,  one  dollar. 

For  all  charges  for  making  up  and  transmitting  papers 
on  change  of  venue,  one  dollar. 

For  each  warrant  of  arrest  or  search  warrant,  fifty 
cents. 

For  each  commitment  to  jail,  fifty  cents. 

For  taking  recognizance  or  bail,  fifty  cents. 

For  entering  judgment  for  fine  or  other  punishment, 
fifty  cents. 

For  order  of  discharge  to  jailor,  twenty-five  cents. 

For  hearing  testimony  or  argument  on  the  trial  of  a 
criminal  case  or  proceeding,  per  day,  three  dollars;  provi- 
ded^ that  where  proceedings  in  any  case  occupy  portions  of 
more  than  one  day,  not  more  than  one  per  diem  compensa- 
tion shall  be  charged  unless  the  total  number  of  hours  occu- 
pied in  the  trial  or  hearing  shall  exceed  six  hours,  in  which 


148 


Revised  Ordinances. 


case  six  hours  shall  be  reckoned  as  a day  for  the  purpose  of 
fixing”  per  diem  compensation. 

Sec.  238.  The  justice  of  the  peace  shall  collect  such, 
other  fees  as  are  provided  for  by  law. 

Fees  to  be  paid  in  full  compensation,  Con.  art.  XXI,  Sec.  2,  p.  5. 

Accounting-  monthly,  Sec.  10,  p.  80.  Civil  fees,  etc..  Sec.  978,  pp:  296,  297. 

Sec.  239.  Id.  Marshal  and  police.  The  follow- 
ing fees  shall  be  collected  for  the  services  rendered  by  the 
marshal  and  police: 

For  serving  summons,  for  first  party  served,  one  dollar; 
for  each  additional  defendant  served,  fifty  cents. 

For  each  copy  of  summons  for  service,  when  made  by 
him,  twenty-five  cents. 

For  levying  writ  of  attachment  or  of  execution,  or  for 
executing  order  of  arrest  or  order  for  the  delivery  of  per- 
sonal property,  two  dollars. 

For  keeping  personal  property,  such  sum  as  the  court 
may  order;  but^not  more  than  three  dollars  per  day  shall  be 
allowed  for  a keeper  when  necessarily  employed. 

For  taking  bond  or  undertaking,  including  justifica- 
tion, fifty  cents. 

For  copies  of  writs  and  other  papers,  except  summons, 
complaints,  or  subpoenas,  per  folio,  ten  cents;  frovided^ 
that  when  correct  copies  are  furnished  to  him  for  use,  no 
charge  shall  be  made  for  such  copies. 

For  serving  any  writ,  notice,  or  order,  except  a sub- 
poena, for  the  first  person,  one  dollar;  for  each  subsequent 
person,  fifty  cents. 

For  writing  and  posting  notices  of  sale  of  property, 
one  dollar.  ^ 

For  furnishing  notice  for  publication,  twenty-five 
cents. 

For  serving  subpoenas,  each  witness,  twenty-five  cents. 

For  collecting  money  on  execution,  three  per  cent. 

For  executing  and  delivering  certificate  of  sale,  fifty 
cents. 

For  executing  and  delivering  deed,  two  dollars. 

For  each  mile  necessarily  traveled  in  the  service  of  any 


Revised  Ordinances. 


149 


writ,  order,  or  paper,  except  a warrant  of  arrest,  in  g'oing- 
only,  fifteen  cents. 

For  each  mile  traveled  in  executing*  a warrant  of  arrest, 
both  in  g'oing  te  and  returning*  from  place  of  arrest,  fifteen 
provided^  that  in  serving*  any  process  in  any  criminal 
case,  the  marshal  or  police  shall  not  be  entitled  to  mileag*e 
for  distance  traveled  outside  the  city,  except  such  service 
be  authorized  in  writing*  by  the  attorney;  and  provided  fur- 
ther^ that  when  traveling*  in  the  performance  of  two  or  more 
services  at  the  same  time,  including*  the  service  of  civil  pro- 
cess or  criminal  warrants,  or  transportation  of  persons 
charged  or  convicted  of  a criminal  offense,  but  one  mileage 
shall  be  charged.  - 

For  arresting  prisoner  and  bringing  him  into  court,  two 
dollars. 

For  summoning  a jury,  one  dollar. 

When  in  the  cases  prescribed  by  law,  they  shall  per- 
form the  duties  of  sheriff,  they  shall  be  entitled  to  collect 
the  same  fees  that  the  sheriff  would  have  been  entitled  to 
collect  for  such  services. 

Sec.  240.  Id.  Poiiiidkeeper.  The  poundkeeper 
shall  collect  the  following  fees: 

For  taking  into  his  possession  any  animal,  or  animals, 
if  found  together,  fifty  cents. 

For  driving  such  animal  or  animals,  each  mile,  ten 
cents. 

For  advertising,  including  posting  and  mailing  notices, 
one  dollar. 

For  each  bill  of  sale,  including  filing  copy  with  the  re- 
corder, twenty-five  cents; p?'ovided,  that  all  animals  sold  to 
one  person  shall  be  included  in  one  bill  of  sale. 

For  branding,  twenty-five  cents  for  the  first,  and  ten 
cents  for  each  additional  animal. 

For  selling  animals,  five  per  cent,  of  the  amount  of  the 
sale. 

For  keeping  animals,  a reasonable  sum,  to  be  deter- 
mined by  the  market  price  of  forage  and  pasturage  at  the 
time  the  animals  are  kept. 


150 


Revised  Ordinances. 


Sec.  241.  Id.  Sexton.  The  sexton  shall  collect  from 
those  requiring  his  services  the  following  fees: 

For  furnishing  and  staining  a plain  coffin  per  foot 


running  measure  $1.00 

For  digging  grave  four  feet  in  length  and  under ....  2.50 
For  all  graves  over  four  feet  in  length 3.00 


All  graves  shall  be  not  less  than  six  feet  in  depth,  and 
the  above  fees  shall  include  the  replacing  of  the  earth  in 
the  graves  dug  bj  said  sexton. 

For  carrying  coffin  to  any  part  ot  the  city,  per  mile 

or  fraction  thereof  $ .50 

For  furnishing  and  erecting  head  and  foot  boards  1.00 

For  describing  the  boundary  of  any  lot 25 

For  conveying  the  dead  from  any  part  of  the  city 

to  the  burying  ground  2.50 

For  recording  as  required  in  this  article 25 

Sec.  242.  Id.  Surveyor.  The  surveyor  shall  col- 
lect from  those  requiring  his  services  the  following  fees: 

Per  day $3.50 

For  part  of  a day,  per  hour 50 

Sec.  243.  Id.  Inspector  of  buildings.  The  in- 
spector of  buildings  shall  collect  from  those  requiring  his 


services: 

Per  day .......  $2.50 

For  part  of  a day,  per  hour  50 


Sec.  244.  Id.  Sealer  of  weights  and  measures. 

The  sealer  of  weights  and  measures  shall  collect  the  follow- 
ing fees: 

For  each  examination,  testing,  sealing  and  certifying 
as  required  from  the  owner  of  the  same,  to  wit: 

For  any  steelyards,  beam,  ground,  floor,  platform, 
counter,  or  other  scales,  by  which  may  be  weighed  not  ex- 
ceeding one  hundred  pounds,  seventy-five  cents. 

For  any  such  instrument  by  which  may  be  weighed 
over  one  hundred  pounds  and  less  than  six  hundred  pounds, 
one  dollar. 


Revised  Ordinances. 


151 


Over  six  hundred  pounds,  one  dollar  and  fifty  cents. 

l^'or  any  nests  or  sets  of  measures,  seventy-five  cents. 

For  any  yard  stick,  dry  or  liquid  measure,  twenty-five 
cents. 

Sec.  245.  Jurors  injustices’  courts.  Per  diem 
and  mileage.  Every  juror  in  a justice’s  court  who  is 
sworn  to  try  the  cause,  and  every  juror  serving-  at  an  in- 
quest, is  entitled  to  one  dollar  and  fifty  cents  per  day,  and 
for  each  mile  actually  traveled  in  attending- court  or  an  in- 
quest, in  g-oing-only,  twenty  cents. 

Sec.  246.  Itl.  Witnesses.  Witnesses  in  justices’ 
courts  and  those  attending-  on  inquests  when  legally  required 
to  attend,  are  entitled  to  one  dollar  per  day,  and  for  each 
mile  actually  traveled,  in  going  only,  twenty  cents. 

Officers  not  entitled  to  fees,  sec.  1005,  p,  302,  R.  S. 

Double  fees  forbidden,  sec.  1096,  p.  302,  R.  S. 

Interpreters  fees,  sec.  1007,  p.  302,  R.  S. 

Accounting-  monthly-,  sec.  10,  p.  86.  • 

Fees  g-ene rally,  secs.  1015-1033,  pp.  63-65. 

Jurors  and  witnesses,  secs.  999,  1000,  p.  301,  R.  S. 


CHAPTER  XIX. 

CLAIMS  AND  WARRANTS. 

Sec.  247.  Form.  Time  of  presentation.  The 

city  council  shall  not  hear  or  consider  any  claim  of  any  per- 
son against  the  city,  nor  shall  the  council  credit  or  allow 
any  claim  or  bill  against  the  city,  unless  the  same  is  item- 
ized, giving  names,  dates,  and  particular  service  rendered, 
nor  until  it  has  been  passed  upon  by  the  recorder.  If  for 
materials  furnished,  to  whom,  by  whom  ordered,  quantity 
and  price  agreed  upon.  Every  claim  against  the  city  must 
be  presented  to  the  recorder  within  a year  after  the  last  item 
of  the  account  or  claim  accrued.  In  all  cases  claims  shall 
be  duly  verified  as  to  their  correctness  and  as  to  the  fact 
that  they  are  justly  due,  by  the  claimant  or  his  authorized 
agent.  If  the  council  shall  refuse  to  hear  or  consider 


152 


Revised  Ordinances. 


a claim  because  it  is  not  properly  made  out,  it  shall  cause 
notice  of  the  fact  to  be  g-iv^en  to  the  claimant,  and  shall  al- 
low sufficient  time  for  the  same  to  be  properly  itemized  and 
verified. 

Sec.  248.  Id.  Allowance  or  rejection.  When 
the  council  finds  that  any  claim  presented  is  not  payable  by 
the  city,  or  is  not  a proper  city  charge,  it  must  be  rejected. 
If  it  is  found  to  be  a proper  city  charge,  but  greater  in 
amount  than  is  justly  due,  the  council  may  allow  the  claim 
in  part,  and  may  order  a warrant  drawn  for  the  portion  al- 
lowed. If  the  claimant  is  unwilling  to  receive  such  amount 
in  full  payment,  the  claim  may  be  again  considered  by  the 
council. 

Sec.  249.  Officers  not  to  advocate  the  claims 
of  others.  No  city  officer  shall,  except  for  his  own  ser- 
vices, present  any  claim,  account  or  demand  for  allowance 
against  the  city,  nor  in  any  way  advocate  the  relief  asked 
in  the  claim  or  demand  made  by  any  other.  Any  person 
may  appear  before  the  council  and  oppose  the  allowance  of 
any  claim  or  demand  made  against  the  city. 

Sec.  250.  Warrants.  Registration.  Payinent. 

Warrants  drawn  by  order  of  the  city  council  on  the  city 
treasury  for  current  expenses  during  each  year,  must  speci- 
fy the  liability  for  which  they  are  drawn,  when  they  ac- 
crued, and  the  funds  from  which  they  are  to  be  paid,  and 
must  be  paid  in  the  order  of  presentation  to  the  treasurer. 
If  the  fund  is  insufficient  to  pay  any  warrant,  it  must  be 
registered,  and  thereafter  paid  in  the  order  of  registration. 

Sec.  251.  Certification  of  bonds  and  warrants. 

The  city  recorder  shall  endorse  a certificate  upon  every 
bond,  warrant,  or  other  evidence  of  debt,  issued  pursuant 
to  law  or  ordinance  by  him,  that  the  same  is  within  the 
lawful  debt  limit  of  the  city,  and  is  lawfully  issued.  He 
shall  sign  such  certificate  in  his  official  character. 

Sec.  252.  Id.  Debt  limit.  Warrants  for  interest 
on  the  bonded  debt,  for  salaries,  and  for  the  current  ex- 


Revised  Ordinances. 


153 


penses  of  the  city,  may  be  certified  by  the  city  recorder,  to 
be  within  the  lawful  debt  limit  of  the  city,  whenever  the 
same,  tog-ether  with  all  other  indebtedness  of  the  city  shall 
not  exceed  the  amount  of  the  indebtedness  of  the  city  at  the 
time  of  the  admission  of  this  State  of  Utah  into  the  Union, 
in  addition  to  the  whole  amount  of  taxes  of  the  city  for  the 
year  in  and  for  which  such  warrant  or  warrants  are  issued. 

Sec.  253.  Recorder  certifying,  when  protec- 
ted. Whenever  the  city  council  shall  find  or  declare  that 
any  appropriation  or  expenditure  for  which  a warrant  or 
warrants  are  to  be  issued,  was  or  is  for  interest  upon  the 
bonded  debt,  for  salaries,  or  for  the  current  expenses  of  the 
city,  such  finding  or  declaration  shall  conclusively  protect 
the  city  recorder  as  to  such  facts,  in  certifying  any  warrant 
or  warrants  therefor  to  be  within  the  lawful  debt  limit  of 
the  city. 

Peaalty,  § 149,  p.  7, 


CHAPTER  XX. 

CITY  SEAL, 

Sec.  254,  Impression.  The  seal  proyided  for 
Ephraim  city,  circular  in  form,  one  and  five-eighths  inches 
in  diameter,  the  impression  on  which  is  two  circles,  “Star, 
Ephraim  City,  Utah,  star.  Corporate  Seal,’’  and  within  the 
inner  circle,  a representation  of  a beehive  and  branches; 
shall  be,  and  the  same  is  hereby  established  and  declared 
to  be  the  seal  of  Ephraim  city. 


RAILROAD  FRANCHISE. 

AN  ORDINANCE  GRANTING  THE  RIGHT  OE  WAY  TO  THE 
RIO  GRANDE  WESTERN  RAILWAY  COMPANY  INTO 
AND  THROUGH  THE  CITY  OF  EPHRAIM. 

Section  1.  Be  it  ordained  by  the  city  council  of  the 
city  of  Ephraim:  That  the  Rio  Grande  Western  Railway 

Company  is  hereby  authorized  to  locate,  grade,  and  con- 


154 


Revised  Ordinances. 


struct  their  said  railway  into  and  through  this  city;  and 
the  right  of  way  is  hereby  granted  to  the  said  Rio  Grande 
Western  Railway  Company  to  use  and  occupy  the  necessary 
portion  of  the  east  half  of  what  is  known  as  “B”  West 
Street,  beginning  at  the  north  side  of  Third  North  Street, 
the  said  point  being  three  thousand  three  hundred  and  six- 
ty-six and  three-tenths  feet  west,  and  two  thousand  six 
hundred  and  seven  feet  south  of  the  northeast  corner  of  sec- 
tion four,  township  seventeen  south,  range  three  east,  Salt 
Lake  Meridian,  thence  running  south  two  degrees  and  ten 
minutes,  west  four  thousand  and  thirteen  feet  to  a point  on 
the  south  side  of  Third  South  Street,  said  point  being  one 
thousand  eight  hundred  and  seventy-five  feet  east  and  one 
thousand  five  hundred  and  thirty-nine  feet  south  of  the 
southeast  corner  of  said  section  four,  township  seventeen 
south,  range  three  east.  Salt  Lake  Meridian,  and  the  said 
railway  company  is  also  authorized  to  lay  all  tracks,  turn- 
outs and  switches  upon  and  along  the  said  street  necessary 
for  the  use  of  said  railway  company,  and  to  run  their  loco- 
motives and  trains  of  cars  upon  and  over  the  same  at  such 
rate  of  speed  and  under  such  other  regulations  as  may  be, 
from  time  to  time,  fixed  by  the  city  council;  provided,  the 
rights  and  privileges  above  granted'shall  not  be  exclusive 
or  prevent  the  city  council  from  granting  to  an^^  other  rail- 
road company  the  right-of-way  upon  the  same  street  in  such 
manner  as  not  to  interfere  with  the  rights  herein  granted. 

Sec.  2.  The  grant  made  in  the  preceding  section  is  up- 
on the  express  conditions  that  the  said  Rio  Grande  Western 
Railway  Company  shall  construct  their  road  and  grade  to  con- 
form to  the  grade  of  the  streets  across  and  upon  which  it  is 
built  whenever  and  wherever  such  grade  may  be  established 
by  the  city  council.  Said  railway  company  shall  construct 
and  keep  in  constant  repair  all  crossings  of  said  railway 
track,  and  all  cross-walks  and  bridges  wherever  said  rail- 
way shall  cross  any  street,  road,  alley  or  sidewalk  and  all 
crossings  rendered  or  made  necessary  for  private  use  by 
reason  of  the  construction  or  maintaining  of  said  tracks  for 
the  use  of  the  inhabitants  on  said  street,  and  shall  restore 
and  keep  in  constant  repair  all  water-sects,  canals  and 
ditches  and  flumes  intersected  by  their  said  railway  in  the 
city,  all  to  be  done,  kept  in  repair  and  constructed  to  the  ac- 


Revised  Okdinances. 


155 


ceptance  of  the  street  supervisor  and  watermaster.  Said 
railway  company  shall  not  be  permitted  to  dig-  up  or  exca- 
vate any  portion  of  said  street;  and  all  earth  or  other  ma- 
terial necessary  to  the  construction  of  said  track  shall  be 
conveyed  upon  said  street;  and  said  track  shall  be  so  con- 
structed and  maintained  by  said  company  as  to  leave  the 
same  in  as  safe  and  convenient  condition  as  possible  for  the 
use  of  the  public;  said  railway  company  shall  run  their 
trains  into  and  through  this  city  within  six  months  from 
the  date  of  the  passage  of  this  ordinance. 

Sec.  3.  A violation  of  any  of  the  conditions  and  stipu- 
lations mentioned  in  the  preceding  section,  by  said  railway 
compan}’  shall  render  void  and  revoke  the  grant  made  in 
section  one  of  this  ordinance. 

Sec.  4.  The  preceding  grant  and  each  and  every  part 
thereof,  and  the  conditions  and  stipulations  hereinbefore 
contained  shall  be  deemed  and  taken  to  be  accepted  by  the 
said  Rio  Grande  Western  Railway  Company  upon  their  con- 
structing their  said  railway  track  upon  said  street,  and  im- 
mediately upon  the  commencement  of  the  construction  of 
said  track,  shall  be  considered  and  construed  as  a contract 
between  the  city  of  Ephraim  by  the  city  council  thereof, 
and  the  Rio  Grande  Western  Railway  Company  and  shall  be 
and  remain  in  force  and  irrepealable  as  a contract  during 
the  corporate  existence  of  the  said  Rio  Grande  Western 
Railway  company  unless  the  same  shall,  for  breach  thereof, 
be  declared  void,  and  forfeited  by  said  railway  company. 


AN  ORDINANCE 

GRANTING  A FRANCHISE  TO  THE  SANPETE  VALLEY  RAILWAY 
COMPANY,  TO  CONSTRUCT  AND  OPERATE  A LINE  OF 
RAILWAY  THROUGH  AND  ACROSS  CERTAIN 
streets  in  the  city  of  EPHRAIM. 

Section.  1.  Be  it  ordained  by  the  city  council  of  the 
city  of  Ephraim:  That  the  Sanpete  Valley  Railway  Com- 

pany, a corporation  duly  organized  under  the  laws  of  Utah 
Territory,  its  successors  and  assigns  have  the  authority  and 
consent  of  the  city  council,  and  the  permission  is  hereby 
granted  it,  of  constructing  and  permanently  operating  aline 
of  railway  in,  through  and  across  certain  streets  of  the  city 
of  Ephraim  as  follows,  to  wit:  Beginning  at  the  north  side 


156 


Revised  Ordinances. 


of  Third  North  Street,  thence  south  on  the  west  side  of 
West  Street  to  the  south  side  of  Third  South  Street.  Also 
the  right  to  lay  a side  track  west  of  main  track  at  depot. 

Sec.  2 That  said  main  track  of  said  railway,  shall 
be  laid  to  the  east  side  of  the  west  half  of  “B”  West  Street, 
as  near  thereto  as  can  be  safely  done  taking  into  considera- 
tion the  present  location  of  the  tracks  of  the  Rio  Grande 
Western  Railway  Company  already  located  and  operated 
on  the  east  half  of  said  “B”  West  Street. 

Sec.  3.  The  conditions  upon  which  this  franchise  is 
granted  and  accepted,  are  that  said  railway  company  shall 
at  its  own  expense  construct  and  keep  in  good  repair  all 
water  sects  crossing  said  street,  and  shall  grade  and  ballast 
said  street  to  the  extent  of  one-half  of  the  same,  to  wit:  The 
west  half,  to  the  center  of  the  street,  making  the  grade  of 
said  street  conform  to  the  grade  of  the  line  of  railway  so 
laid  or  to  be  laid,  said  construction  of  water  sects  and  the 
grading  and  ballasting  of  said  street  to  the  centre  there- 
of to  be  done  in  such  a manner  as  not  to  impede  wagon  tra- 
vel on  the  west  half  of  said  street,  and  to  be  done  to  the  ac- 
ceptance  and  approval  of  the  duly  constituted  acting  water- 
master  and  street  supervisor  of  the  city  of  Ephraim;  a fail- 
ure of  said  railway  company  at  any  time  to  keep  or  put  said 
street  in  such  condition  for  travel,  shall  be  sufficient  to 
authorize  the  city  council  upon  due  notice  to  said  company 
to  revoke  this  franchise. 

Sec.  4.  And  be  it  further  ordained,  that  said  grantee 
shall  in  all  respects  be  subject  to  all  such  rules,  regulations 
and  ordinances  of  the  city  of  Ephraim  as  now  are  or  here- 
after may  be  enacted  or  adopted,  and  the  penalties  prescribed 
for  their  violation  the  same  as  other  corporations  and  per- 
sons. 


RESOLUTION 

REGARDING  LOCATION  OF  SANPETE  VALLEY  RAILROAD  DEPOT. 

Resolved  by  the  city  council  that  said  petition  of  the 
San  Pete  Valley  Railway  Company  be  granted  in  such  a 
manner  that  the  company  be  and  is  hereby  given  permission 
to  keep  and  continue  their  said  station  building  on  the  pres- 
ent location  until  such  a time  as  the  city  council  shall  deem 
it  necessary  to  order  its  removal  from  the  street. 


Revised  Ordinances. 


157 


CHAPTER  XXI. 

RESOLUTIONS,  contracts,  AND  FRANCHISES  OF  THE  CITY 
PERPETUATED. 

Sec.  260.  Friiiichises,  Contracts,  and  Resolu- 
tions, Id.  All  franchises,  resolutions,  g-rants  and  con- 
tracts of  the  city  in  force  and  effect  when  the  ‘’Revised  Or- 
dinances” are  passed  and  approved,  and  not  repug’nant  to 
the  provisions  thereof,  are  hereby  perpetuated  and  con- 
tinued in  full  force  and  effect  until  the  same  shall  be  ex- 
pressly repealed. 

Passed  by  the  City  Council  on  the  1st  day  of  May, 
A.  D.  1899. 

Approved  by  the  Mayor  on  the  1st  day  of  May, 
A.  D.  1899. 

J.  P.  Hanson,  Mayor. 


By  the  Mayor. 
Attested: 


Adolph  Hanson,  Recorder. 


158 


ReVIvSED  OkDINANCEvS, 


CERTIFICATE  AND  AUTHENTICATION. 


State  of  Utah, 

City  of  Ephraim. 

I,  Adolph  Hanson,  Recorder  of  Ephraim  City,  do 
hereby  certify  that  the  foregoing-  “Revised  Ordinances,” 
containing  21  chapters,  and  sections  numbered  from  1 to 
255  consecutively,  was  duly  passed  by  the  city  council  of 
said  city,  on  the  1st  day  of  May,  1899,  by  the  following 
vote  to  wit:  Yeas  5,  Na}^s  0,  and  approved  by  the  mayor 
of  said  city  on  the  1st  day  of  May,  1899. 

That  the  foregoing  is  a full,  true  and  correct  copy  of 
the  original  “Revised  Ordinances”  now  on  file  in  my  office, 
and  that  the  same  is  published  by  authority  of  said  city. 

In  testimony  whereof,  I have  hereunto  set  my  hand, 
and  affixed  the  corporate  seal  of  said  city,  on  this  1st  day 
of  May,  A.  D.  1899. 

Adolph  Hanson, 

Recorder  of  said  City. 


APPENDIX 


F^ules  and  Order  of  BusiQess 

OF  THE  CITY  COUNCIL. 


ORDER  AND  DECORUM. 

Rule  1.  When  any  member  wishes  to  speak,  or  de- 
liver any  matter  to  the  council,  he  shall  respectfully  ad- 
dress himself  to  the  president,  and  shall  not  proceed  until 
he  shall  have  been  recog-nized  by  him. 

Rule  2.  While  the  president  is  putting*  a question  or 
a count  is  being  had,  no  member  shall  speak  or  leave  his 
place. 

Rule  3.  No  member  shall  speak  more  than  once  on 
the  same  general  question,  without  the  unanimous  consent 
of  the  council,  until  every  member  desiring  to  speak,  shall 
have  spoken. 

Rule  4,  If  any  member  in  speaking,  transgresses  any 
rule  of  the  council,  the  president  shall,  or  any  member  may, 
call  to  order,  and  the  member  so  called  to  order  shall  imme- 


II 


Appendix. 


diately  cease  speaking*  unless  he  explains  or  proceeds  in 
order. 

Rule  5.  The  president  shall  decide  all  points  of  order 
subject  to  an  appeal  to  the  council. 

Rule  6.  No  person,  not  a member  of  the  council,  shall 
be  permitted  to  address  the  same,  except  by  consent  of  the 
majority  of  the  council. 

ORDER  OF  BUSINESS. 

Rule  7.  The  order  of  business  shall  be  as  follows: 

1. — Roll  call. 

2.  — Prayer. 

3.  — Reading*  of  minutes  of  last  meeting*. 

4.  — Presentation  of  petitions  and  other  communica- 
tions. 

5.  — Unfinished  business. 

6.  — Reports  of  committees. 

7.  — Reports  of  city  officers. 

8.  — Claims. 

9.  — Miscellaneous  business. 

Rule  8. — The  first  reading*  of  a bill  for  an  ordinance 
shall  be  for  information;  it  may  then  be  committed,  post- 
poned, laid  on  the  table,  or  rejected,  or  it  may  pass  to  its 
second  reading*,  when  it  shall  be  opened  for  debate,  amend- 
ment or  such  order  as  the  council  may  make.  Every  bill 
shall  receive  three  several  reading*s  in  the  council  previous 
to  its  passag*e.  The  second  and  third  reading*s  may  be  by 
title. 

Rule  9.  Whenever  any  ordinance  or  resolution  is  passed 
by  the  council  it  shall  be  sig*ned  by  the  mayor,  or  if  he  did  not 
preside  at  the  passag*e  thereof,  the  mayor  pro  tempore;  the 
recorder  shall  add  the  date  of  the  passag*e  thereof,  attest 
the  same  with  his  sig*nature  and  the  corporate  seal,  and 
file  the  same  in  his  office. 

Rule  10.  Every  motion  or  resolution  shall  be  first 


Appendix. 


Ill 


stated  by  the  president,  or  read  by  the  recorder  before  de- 
bate, and  immediately  before  putting-  the  question;  and 
shall  be  reduced  to  writing-  if  the  president  or  any  two 
members  desire  it,  and  every  member  present  shall  vote. 

Rude  11.  When  a question  is  before  the  council,  no 
motion  shall  be  received,  except  the  motions  herein  speci- 
fied, which  shall  have  precedence  in  the  order  herein  sta- 
ted: 

1.  — To  adjourn. 

2.  — To  lie  on  the  table. 

3.  — For  the  previous  question. 

4.  — To  postpone  indefinitely. 

5.  — To  postpone  to  a certain  day. 

6.  — To  commit  to  a standing-  committee. 

7.  — To  commit  to  a special  committee. 

8.  — To  commit  to  the  committee  of  the  whole. 

9.  — To  amend. 

Rule  12.  The  motion  to  adjourn,  to  lie  on  the  table, 
or  for  the  previous  question,  shall  be  decided  without  de- 
bate, and  the  motion  to  adjourn  shall  always  be  in  order 
except: 

1.  — When  a member  is  in  possession  of  the  floor. 

2.  — While  the  yeas  and  nays  are  being  called. 

3.  — When  the  members  are  voting. 

4.  — When  adjournment  was  the  last  preceding  motion. 

5. - — When  it  has  been  decided  that  the  previous  ques- 
tion shall  be  taken. 

Rule  13.  A motion  to  adjourn  to  a given  day  is  open 
to  amendment  and  debate. 

Rule  14.  A motion  to  lie  on  the  table  conditionally, 
is  subject  to  amendments  and  debate. 

Rule  15.  When  a question  is  postponed  indefinitely, 
it  shall  not  be  taken  up  again  before  the  next  regular  meet- 
ing. 

Rule  16.  A motion  to  amend  an  amendment  shall  be 


IV 


Appendix. 


in  order,  but  a motion  to  amend  an  amendment  to  an 
amendment  shall  not  be  entertained. 

Rule  17.  An  amendment  modifying"  the  intention  of  a 
motion  shall  be  in  order,  but  an  amendment  relating-  to  a 
different  subject  shall  not  be  in  order. 

RECONSIDERATION. 

Rule  18.  No  motion  to  reconsider  any  vote  shall  be  in 
order,  unless  one  of  the  majority  voting-  thereon  shall  move 
such  reconsideration;  a motion  to  reconsider  being-  put  and 
lost,  shall  not  be  renewed  without  unanimous  consent. 

THE  PREVIOUS  QUESTION. 

Rule  19.  By  a majority  vote  the  previous  question 
may  be  ordered  on  the  main  question  (the  passag-e  of  the 
bill,  resolution  or  other  matter  under  consideration ) or  on 
any  pending  amendment;  when  moved  on  the  main  ques- 
tion it  shall  be  as  follows:  ‘‘Shall  the  main  question  be  now 
put  to  vote?”  when  moved  on  a pending  amendment  it  shall 
be  as  follows:  “Shall  the  amendment  be  now  put  to  vote?” 
If  the  motion  for  the  previous  question  on  an  amendment 
is  carried,  such  amendment  shall  be  immediately  put  to 
vote  without  further  debate,  motion  or  amendment.  If  the 
motion  is  carried  that  the  main  question  be  now  put  to  vote, 
there  shall  be  no  further  debate,  motion  or  amendment,  and 
the  vote  shall  be  taken  (1)  on  pending  amendments,  if  any, 
in  their  order,  and  (2)  on  the  main  question.  If  the  mo- 
tion for  the  previous  question  is  lost,  the  council  shall  pro- 
ceed with  the  question  and  motions  pending,  the  Same  as  if 
the  motion  for  the  previous  question  had  not  been  made, 
but  such  motion  shall  not  be  renewed  until  there  has  been 
further  debate  or  amendment. 

EXECUTIVE  SESSIONS. 

Rule  20.  Whenever  confidential  communications  are 


Appendix. 


V 


received  from  any  officer  of  the  city,  or  whenever  the  presi- 
dent or  any  other  member  shall  inform  the  council  that  he 
has  communications  to  make  which  he  conceives  oug*ht  to 
be  kept  private,  the  council  chamber  shall  be  cleared  of  all 
persons  except  the  members,  recorder,  marshal  and  attor- 
ney, and  so  continue  during-  the  reading-  or  receiving-  of 
such  communications,  and  (unless  otherwise  ordered  by  the 
council)  during-  all  debate  and  proceeding-s  to  be  had 
thereon. 

Rude  21.  Any  member  or  officer  who  shall  disclose 
the  confidential  business  or  proceeding-s  of  the  council, 
shall  be  reprimanded  by  the  president  for  the  first  offense, 
and  for  the  second  offense  he  shall  be  liable  to  suffer  ex- 
pulsion, if  a member;  and  if  an  officer,  to  dismissal  from 
service. 

. COMMITTEE  OF  THE  WHOLE. 

Rule  22.  When  the  council  shall  be  ready  to  g-o  into 
committee  of  the  whole,  the  president  shall  appoint  a chair- 
man to  preside  therein.  The  same  rules  shall  be  observed 
as  in  the  council  so  far  as  applicable;  except  that  the  “pre- 
vious question”  shall  not  apply,  nor  shall  the  number  of 
times  a member  may  speak  be  limited,  nor  the  yeas  and 
nays  taken. 

Rule  23.  A motion  to  rise  and  report  shall  be  in  or- 
der at  any  stag-e,  and  shall  be  decided  without  debate. 

Rule  24.  Bills  for  ordinances  and  other  matters  shall 
be  considered  in  committee  of  the  whole,  in  the  following- 
manner,  viz:  they  may  be  first  read  throug-h  if  the  commit- 
tee so  direct,  otherwise  they  shall  be  read  and  considered 
by  sections,  leaving-  the  title  to  be  last  considered. 

STANDING  AND  SPECIAL  COMMITTEES. 

Rule  25.  The  standing-  committees  of  the  council 
shall  be  appointed  by  the  mayor  bi-ennially,  on  entering- 
upon  the  duties  of  his  office,  and  shall  consist  of  not  less 


VI 


Appendix. 


than  three  members  each,  and  the  first  person  named  on 
the  committee  shall  be  the  chairman  thereof. 

The  following-  shall  be  the  standing-  committees  of  the 
council: 

1.  — On  Finance. 

2.  — On  Claims. 

3.  — On  Police  and  City  Prison. 

4.  — On  Public  Grounds  and  City  Property. 

5.  — On  Streets  and  Lig-hting-. 

6.  — On  Irrigation  and  Water  Works. 

7.  — On  Engrossing  and  Printing. 

8.  — On  Fire  Department. 

Rule  26.  All  special  committees  shall  consist  of  three 
members  each,  unless  some  other  number  be  specified,  and 
the  first  person  named  shall  be  chairman. 

Rule  27.  Every  special  committee  shall  be  appointed 
by  the  president,  unless  otherwise  provided  in  the  motion 
for  appointment. 

Rule  28.  On  the  acceptance  of  a final  report  from  a 
special  committee,  the  said  committee  shall  be  considered 
discharged. 


reports  of  committees. 

Rule  29.  Standing  and  special  committees,  to  whom 
references  are  made,  shall  in  all  cases  report  thereon  at  the 
next  regular  session  of  the  council  in  writing. 

DUTIES  OF  RECORDER. 

Rule  30.  The  recorder  shall  forward  or  deliver  every 
paper  referred,  to  the  chairman  of  the  committee,  not  later 
than  three  days  after  the  reference  shall  have  been  made. 

Rule  31.  If  the  recorder  shall  be  more  than  thirty 
minutes  late  in  attending  any  meeting  of  the  council  he 
shall  forfeit  the  sum  of  one  dollar  for  each  and  every  time 
it  shall  occur. 


Appendix. 


VII 


Rule  32.  If  any  member  of  the  council  shall  be  more 
than  thirty  minutes  late  to  any  council  meeting-,  the  recor- 
der shall  desig-nate  the  same  by  proper  marks  on  the  roll, 
and  said  member  shall  forfeit  the  sum  of  one  dollar. 

SUSPENSION  AND  AMENDMENTS. 

Rule  33.  These  rules  may  be  temporarily  suspended 
by  a two-thirds  vote  of  the  members  present,  but  not  to  be 
repealed  or  amended  unless  by  the  concurrence  of  two- 
thirds  of  all  the  members  of  the  council. 


TABLE  OF  CONTENTS. 


IX 


Page. 

Title.  Date  of  Incorporation I 

Revisor’s  Certificate  of  Appointment  . II 

City  Officers  and  Committees  for  1898-9  . Ill 

Boundaries  of  the  City  IV 

Constitutional  Provisions I to  5 

Statutory  Provisions 6 to  83 

Revised  Ordinances  .84  to  154 

Certificate  of  Passage  and  Approval  154 

Certificate  of  Authentication 155 

APPENDIX. 


Rules  and  Order  of  Business  of  the  City  Council  I to  VII 


Index  to  Constitutional  Provisions IX 

Index  to  Statutory  Provisions  X 

Index  to  Revised  Ordinance  ...  XIV 


INDEX  TO  CONSTITUTIONAL  PROVISIONS. 


Accounting-  for  fees 

Aid,  public,  to  church  schools  forbidden  - 

Borrowed  mone3"  to  be  applied  on  debts  only 

Cities  not  to  take  stock  in  priv^ate  concerns 

Contractors,  extra  pa.v  forbidden 

Credit,  public,  lending  forbidden 

Corporation  employee  not  to  hold  office 

Day’s  labor,  eight  hours 

Debts  not  to  exceed  revenue 

Extra  compensation  forbidden  

Employee  of  corporation  not  to  hold  office 

Eight  hours,  day’s  work  .... 

Fees,  legislature  to  provide 

Id.  Accounting-  for 

Indebtedness  not  to  exceed  revenue 

Id.  Exception  when 

Id.  Limit  of  ' 

Id.  For  cit3'  purposes  onlv  

Id.  Existing  not  impaired  

Lending  public  credit  forbidden 

Limit  of  indebtedness  

Municipal  powers  not  to  be  delegated 

Municipalities  must  not  sell  water  works  or  rights 

Oath  of  office 

Officers,  extra  compensation  forbidden 

Salaries  fixed,  to  be  paid  officers 

'Waterworks  or  rights  must  not  be  sold  .• 

Water  rights  confirmed  


Sec. 

A KT, 

Page. 

2 

XXI 

5 

13 

X 

2 

5 

XIV 

4 

31 

VI 

2 

30 

VI 

1 

31 

VI 

2 

17 

XII 

3 

6 

XVI 

4 

3 

XIV 

3 

30 

VI 

1 

17 

XII 

3 

6 

XVI 

4 

2 

XXI 

5 

2 

XXI 

5 

3 

XIV 

3 

3 

3 

4 

“ 

3 

4 

3 

7 

“ 

4 

31 

VI 

2 

4 

XIV 

3 

20 

VI 

1 

6 

XI 

2 

10 

IV 

1 

30 

VI 

1 

1 

XXI 

4 

6 

XI 

2 

1 

XVII 

4 

INDEX  TO  STATUTORY  PROVISIONS 


Sec. 

Arrest  without  warrant 247 

Assessments,  special  taxes 252-282 

Annual  financial  statement 231 

Bail  coxvimissioners,  appointment.  . 249 
duties,  etc 249,  250 

Annual  TAX : 253 

Charters  repealed: 

effect  generally 311 

upon  ordinances 311 

upon  rights,  officers  211 

class: 

three  classes 174 

change  of  175 

proclamation 175 

effect 175-179 

judicial  notice 176 

legal  results 177 

ordinances  178 

officers  not  affected 179 

Contracts: 

officers  not  to  be  interested  in  222 

interested  in,  penalt3' 223 

recorder  to  countersign 229 

Council,  general  provisions: 

member  not  to  hold  created  office..  220 

qualifications 183 

b>’  whom  elected . 184 

election  , 887-  891 

vacancies,  how  filled 179 

compensation  not  changed 225 

expulsion  of  member 198 

to  determine  rules  of  proceeding 198 

(quorum  , 200 

reconsideration  of  vote 203 

reijorts,  when  deferred 204 

five  members,  third  class  cities 182 

ma^'or  presides  in  third  class  cities  188 

meetings,  majority  is  quorum 200,201 

attendance  compelled 200 

time  and  place  prescribed 201 

at  least  one  each  month 201 

special  call,  notice 201 

to  be  public 202 

jourual 202 

voting,  yeas  and  nays 202 

special,  rescinding  vote 203 

committee  reports 204 

appointment  and  removal  of  offi- 
cers  214,  215 


Sec.  Pge. 

Council,  powers  of: 


general  206  13-27 

alley  s,  etc  , to  la>’  out,  etc 255  40 

bomls,  paving,  etc.,  issue 261  43 


curbing,  etc.,  issue 



263  44 

limit  of  debt 

272  49-50 

for  water,  etc 

. . . 308-310  56-57 

recorder  to  certifv 



146-149  6,  7 

duties  of  officers,  define...  . 



227  31 

elections,  appoint  judges  . 



809  63 

canvas  votes 

891  62 

electricit3",  bonds  for 

...303-310  56,57 

gas,  bonds  for 



....308  -310  56-58 

connections 

271  49 

gutters,  bonds  for 

263  44 

health,  create  board 



1105  65 

regulations,  make 

1109  66 

libraries,  establish,  maintain.... 

.1369-1371  69 

liquor 

..206,  1242-1256  19,66 

lighting  bonds,  issue 

....308-310  56-58 

liquor,  license  

. 206, 

1242-125f  19-66 

paving  streets,  etc 

...  255-282  40-53 

pave  intersections 

259  42 

pave  and  repair  

...  266-270  46-48 

sewers,  build,  repair 



255  40 

connections  . 

271  49 

bond  to  construct 

....308-310  56,57 

sidewalKs.  lay  out,  etc 

...255-282  40-53 

paving,  etc 



..  .255-282  40-53 

streets,  change  of  grade... 

....255-282  40-53 

curbs  and  gutters 

. ..255-282  40-53 

lay  out, etc  

255  40 

repairs,  costs,  etc 

......  280  52 

changing  grade,  damages  . 

282  53 

taxes,  lew  and  collect 

. . ..  253  39 

water,  bond  for  

....308-310  56-57 

connections 



271  49 

control  courses  



279  52 

fix  rate 

278  52 

waters  of,  special  tax  to  maintain. 

etc 

279  52 

Damages: 

change  of  grade,  liability  of  citv 282  53 

for  negligence  of  cit3’,  claim,  pre- 
sentment, bar 312,  313  58 

notes  312  58 

Election: 

general  municipal 887-891  62,63 


Pge 

40-83 

33 

38 

38,39 

39 

57-58 

57-58 

57-58 

7 

8 

8 

8,  9 

8 

8 

8,  9 

9 

30,31 

31 

32 

31 

9 

10 

62-63 

9 

31 

11 

11 

12 

12 

12 

9 

10 

12 

12 

12 

12 

12 

12 

12 

12 

12 

12 

29 


Index. 


XI 


Sec.  Pfje. 

registration 816,  817,  821,  890  60-62 

biennial 887  62 

terms  of  officers  887  62 

qualifications  of  electors 889  62 

judges,  appointment 890  62 

general  law  governs 890  62 

canvass 891  63 

certificates  of  election 891  63 

tie  vote 891  63 

Fiscal  year: 

begins  when 252  39 

Fines: 

how  recovered 208  28 

mayor  may  remit 189  iO 

to  be  paid  into  treasury 209,  243  28,37 

imprisonment  until  paid 210  28 

credit  convict  labor  211  28 

limitation  upon 206  27 

Justice  of  the  peace: 

election,  term  of  office 213,887  29,62 

jurisdiction  under  ordinances 206,  239  27,35 

practice,  appeals,... 208,  210,  240  28,36 

jury,  criminal  cases,  when  allowed  241  36 

vacancy 242  36 

disqualification 242  36 

salary 242  36 

fines  paid  to  city  treasurer 243  37 

warrants,  to  whom  issued 212,  244  28,37 

Criminal  procedure: 

jurisdiction  extends  to  limits  of 

county 5124  73 

complaint,  what  to  contain 5125  73 

demurrer  to  complaint 5136  75 

warrant  of  arrest 5126  73 

bail 5169  82 

docket  of 5127  73 

arraignment 5128  73 

Trial: 

complaint  read  to  defendant 5128  73 

name  of  defendant,  amendment 5129  74 

pleas,  kinds  5129  74 

oral,  entered  on  minutes 5130  74 

of  guilty,  examination  5130  74 

competency  of  witnesses 5172  83 

postponement  5135  75 

change  of  venue  5132-5134  75 

court  to  decide  questions  of  law  only5143  76 

jury,  waived  unless  demanded.,5131,  5139  74-76 

formation,  challenges 5140  76 

oath 5141  76 

duty 5142  5145  76-77 


Sec.  Pge. 

oath  of  officer 5144  77 

verdict,  how  delivered 5145  77 

as  to  part  of  defendants 5146  77 

form  of 5147  17 

when  jury  discharged 5148,  5150  77 

re-trial 5149  77 

sickness  of  juror,  procedure 5150  77 

New  trial: 

motion,  form,  when  made 5151  78 

in  what  cases  granted 5152  78 


Judgment; 

motion  in  arrest,  grounds,effect  5151,5153  78 

time  for  pronouncing,  postpone- 


ment  5154  79 

plea  of  guilty,  fine,  imprisonment...  5155  7o 

acquital,  complainant  to  pat'  costs..  5156  '|9 

fine,  how  enforced 5157  79 

of  imprisonement,  procedure 5158  79 

fines,  etc. .paid  into  countt'  treasury  5159  80 

sentence,  limit,  note 5154  79 

Appeal: 

taken  within  thirty  days 5160  80 

how  taken,  undertaking 5161  80 

notice  of  filing,  service 5162  81 

transmission  of  papers,  deposit 5163  81 

undertaking  for  attendance  of  wit- 
ness!   5164  81 

effect  of,  ground  for  dismissal 5165  81 

complaint  dismissed  on,  when 5166  81 

procedure  if  complaint  not  dis- 
missed  5167  82 

General  provisions: 

may  issue  subpoenas 5168  82 

bail  procedure 5169  82 

contempts,  procedure 5170  82 

entitling  papers 5171  82 

competency  of  witnesses 5172  83 

may  depute  person  to  act  as  consta- 
ble.... 5173  83 

Limits: 

extension,  petition,  proceedings 287  53,54 

ordinance  declaring 287  53,54 

plat  recorded  287  53,54 

restriction,  petition,  proceedings..  ..  288  54 

commissioners  adjust  terms 289  55 

report 290  55 

decree  of  court 290  55 

recording,  costs 292  56 

court  may  order,  tax  levy 291  55 

Marshal: 

election,  term  of  office 213,887  29,62 


XII 


Index 


Sec.  Pge. 

and  police 245  37 

ex  officio  chief  of  police,  when  248  35 

duties  and  powers  248  38 

Map  of  city; 

to  be  filed  196  11 

Money  paid  into  treasury  Z09  21 

Hayor: 

by  whom  elected  1S4  10 

election 887  62 

qualifications 183  9 

when  not  to  Ijold  other  office 224  31 

chief  executive  officer  185  10 

vacancy,  how  filled 186  10 

ma^-or  pro  tern 185  10 

removal  from  city  vacates  office 187  10 

appointive  power 214,249  29-38 

third  class  cities  presides  over 

council 188  10 

vote  in  council,  tie 188  10 

power  to  remove  officers.  .. 215  29 

powers  and  duties  1S9-196  10,11 

to  file  map  when 196  11 

vacancies  filled  by 214  29 

remit  fines,  etc 189  10 

may  inspect  books,  etc 191  10 

recommendations  to  council  192  11 

call  citizens  to  enforce  law 193  11 

appoint  revisors  of  ordinances 194  11 

approve  officers’ bonds 216  29 

suspend  treasurer,  when 236  35 

misconduct,  penalty  219  30 

may  solemnize  marriag-e,  note 89 

Name: 

aetions  and  contracts  in 180  9 

Officers; 

elective,  terms 213  29 

election,  g-eneral 887-891  62-63 

appointed  by  mayor,  with  consent . 214  29 

vacancies  filled  by  mayor 214  29 

appointive,  term  of  office 215,  888  29,62 

removal  by  mayor 215  29 

by  council 215  29 

oaths  and  bonds 216-218  29-30 

additional  bonds 218  30 

bonds  filed  where 218  30 

misconduct,  penalty 219  30 

delivery  of  books  to  successors 220  30 

must  be  qualified  electors 221  30 

defaulter  inelig-ible  to  office 221  30 

not  to  be  interested  in  contracts.  .222,  223  31 

bribery,  penalty 223,  31 

compensation  fixed  by  ordinance...  225  31 


! Sec.  Pg'e. 

increa.se,  etc.,  forbidden  225 

to  hold  created  of- 
fice   226 

duties,  etc.,  fixed  by  ordinance 227  31 

Ordinances; 

not  affecled  by  change  of  organiza- 
tion  178  8 

by  repeal  of  charter 311  57 

publication  or  posting 205  12-13 

in  effect  when  205  12-13 

how  proved 205  12-13 

record  of 205  12-13 

revision  publication  unnecessar3v.  205  12-i3 

duties  of  officers  fixed  by 227  31 

jurisdiction  of  justice  under 206,  239  27,35 

to  protect  water  suppl3' 206  15 

appointment  to  revise 194  11 

power  of  council  to  pass 206,  207  27 

define  mode  of  exercising  powers 207  27 

action  for  violation,  in  name  of  city  208  28 

action  for  violation,  bar 208  28 

pleading 210  28 

imprisonment 206,  211  27,28 

salaries  to  be  fixed  b3’ 225  31 

duties  of  officers  fi.xed  63' 227  31 

Police: 

chief,  duties  and  powers 245  37 

have  powers  of  constable 246  37 

execute  process 246  37 

general  duties 246,  247  37 

arrest  without  warrant 247  37 

special  appointment 248  38 

governed  b3'  special  statutes 4539 

uia3"  be  ordered  to  preserve  peace  at 

public  meetings 4540  72 

bail  commissioners,  appointed 249  38 

oath  and  bond..  250  38 

duties,  etc 249-251  38-39 

Powers  as  bodies  corporate 180  9 

Process,  WHO  MAY  serve 212,244,246  28,37 

Property,  may  hold,  etc , 180  9 

Recorder; 

where  to  keep  his  office 228  32 

duties 228  32 

election,  term  of  office 213,  887  29,62 

acts  as  auditor, when 230  32 

orders  on  treasurer 230  22 

countersign  cit3'  contracts 229  32 

contracts  void  unless  signed  by 229  32 

annual  financial  statement  b3" 231  33 

to  certify  bonds  and  warrants  to  be 
within  debt,  limit,  exception 146,  147  <, 


Index. 


XIII 


Sec.  Page 

Recordei*,  ma.y  Issue  liquor  license  . . .1248  68 

Repeal  of  cit3'  charters,  effect 311  57 

Rights  not  affected  bj'  general  act  177,  178  8 

Seal ]£0  9 

Streets,  etc.,  paving,  etc 255,  282  40-53 

Changing  grade,  damages 255,  282  40-55 

Taxes,  general: 

fiscal  year,  begins  Jan  1 252  39 

levy  by  council  in  Jul>" . . .253  39 

limitation  on  amount  253  39 

levj'  certified  to  count>’  clerk 254  40 

purposes  of 253  39 

assessment,  collection,  etc  2687-2690  70-72 

Taxes,  special  for  improvements,  etc: 

power  to  make  local  improvements  255  40 

for  oicinarv  repairs 256  40 

paving  clisti  icts 256  40 

honds 260  42 

laj.es,  assessment 257,258  41 

delinquency 258  11 

railway  intersections.  . . 259  42 

city  bonds 261  43 

“lot,*’ “lands,”  “street,”  defined  ....  261  43 

according  to  benefit  262  44 

curfing  and  guttering,  district  bonds  263  44 

not  void  for  error,  etc.  264  45 

action  to  recover 264  45 

equalization  265  45 

railways,  to  pave  and  repair  266  46 

failure,  lev^-  267  47 

seizure  and  Sale  268  48 

ac  ion,  defense 269  48 

bat.  r gas  and  sewer  connections 271  49 

bonded  debt,  limit  ‘ ^72  49 

intention  to  tax,  notice . . .273  50 

to  be  equitable,  how' levied  ..  .274  50 

lev3’,  description  of 275  51 

total  cost  in  one  276  51 

when  made  277  51 


Sec.  Pge, 

notice  of  delinquency 278  51 

for  other  purposes 279  52 

for  irrigation,  acreage  tax 279  52 

repaving  and  repairs  distinguished.  280  52 

special  assessment,  lien 281  53 

rnone^"  kept  separate. . 238  35 

Treasurer: 

election,  term  of  office  213,  887  29,  62 

duties 232  34 

bond,  amount  316  29 

Warrants  only,  money  paid  on 233  34 

paid  in  order  . 234  34 

shall  give  receipts 235  35 

keep  city  mone^^  separate  236  35 

making  profit  of  public  monej"  for- 
bidden   236  35 

registry  of  warrants  237  35 

reports 237  35 

special  fund  kept  separate  238  35 

fines  paid  to  243  37 

to  collect  taxes  2683  72 

Warrants: 

recorder  to  certifj'  146-149  6-7 

treasurer  to  pay  "money  on 233  44 

paid  in  order 234  34 

registry 237  35 

to  wffiom  issued 244  37 

of  arrest,  executed  by  whom  .212,  244-246  28-37 


particularized  in  annual  statement  231  33 

Water  and  water-works: 

power  of  coancil  over— see  -‘council  supra. 

special  tax  to  maintain,  etc  279  52 

general  tax  to  maintain,  etc  253  39 

bonding  for 308-310  56-57 

ordinance  to  protoct,  jurisdiction 206  15 

Year: 

fiscal  year  begins  January  1 ..252  39 


Index  to  Statutory  Provisions  for  1899. 


Elective  officers,  terms,  etc,,  as 

amended 213  29 

Recorders  financial  statement,  as 

amended 231  33-4 

Powers  of  city  councils  relative  to  re- 
moval of  railroad  tracks,  erec- 
tion of  gates,  viaducts,  etc  . 1-2  83a 

Expenses  of  assessing  taxes I (2695)  83b 


Nuisances  injurious  to  health  defined 

punishment  provided,  etc.  lto8  83b  to  83d 
Contagious  diseases  defined  and  rules 
and  regulations  for  control  pro- 

....9  to  11  83dto83e 

Quarantine  rules  12  to  IS  83e  to  83g 

Burial  permits  required,  how  i.ssued 

etc 19  to  23  83gto83h 

Health  of  schools,  jurisdiction,  etc  24  to  26  83h 


XIV, 


Index 


INDEX  TO  REVISED  ORDINANCES. 


A 

Sec. 

Accounting-,  all  officers  monthly 10  86 

Appointments  b3’  ma^or 23  88 

Animals  impounded,  notice  of  sale  of..  72  89 

claimants  of  ....  73  100 

bill  of  sale 74  100 

record  of 74  100 

disposition  of  proceeds  for  75  101 

running- at  larg-e 76  101 

penalt3-  for  taking  from  officer 77  101 

Attorne3',  duties  of 103  108 

shall  keep  docket 104  109 

B 

Bond  of  officers  15  87 

approval  of 16  87 

amount  of 17  87 

where  filed  18  87 

Barb  wnre  fences  forbidden  67  96 

Building  inspector,  duties  of 105  109 

penalty  for  obstruction  108  110 

Buildings,  chimne3"S  of 106  109 

safety  of  public  from  fire  107  109 

dangerous 109  110 

Butchers,  license,  etc 140-1  121 

“ “ 142-5  122 

Billiard  tables,  license  for 168-9  129 

Births,  rules  for  recording 119  113 

Burials  “ “ 119  114 

C 

Council,  time  of  meetings  25  89 

Carriage  steps,  where  placed 63  97 

Cemetery,  sale  of  lots  in  82  103 

headboards,  etc 83  103 

penalt3'  for  injur3'  85  104 

burials  must  be  in  86  104 

plat  of 87  104 

Crimes,  abusive  language 178  132  ' 

cruelty  to  animals 179-80  132 

driving  through  city 181  132 

assault  and  battery 182  132 

bathing  in  cit3' 183  133 

concealed  w-eapons  184  133 

defacing  and  destroying  propert3'  185  133 

discharging  guns  186  123 

disorderly  houses 187  133 

disturbing  the  peace  188  134 

disturbing  elections  189  134 

disturbing  religious  meetings  . .190  134 

drugs  to  be  labeled  191  134 

drunkenness 192  134 

enticing  minors 193  135 


Sec.  Pg. 

Crimes,  escape  of  prisoners 194  135 

aiding  or  abetting  same 195  135 

taking  weapons  to  prisoners  ...  196  135 

faise  pretenses 197  135 

fighting  198  136 

selling  unwholesome  food  and 

liquors 199  136 

trespass  of  fowls  ....  200  136 

gambling  housss 201  136 

gambling 202  137 

interfering  with  officers 203  137 

lottery  forbidden  204  137 

obscene  literature  or  conduct 205  137 

opium  dens  forbidden  206  138 

petit  larceny  . 208  139 

posting  bills  without  permission  . .209  139 

destroying  posted  ordinance,  etc.  210  139 

profanity 211  139 

reckless  driving  212  139 

riot  defined,  etc 213  140 

“ suppressing 214  140 

trespass 215  140 

vagrancy  216  140 

insulting  females  218  141 

obstruction,  thoroughfares 219  141 

Claims . . .247  151 

allowance  or  rejection 248  152 

officers  not  to  advocate 249  152 

Certification  of  bonds  and  warrants. . . 251  152 

within  debt  limit 252  152 

recorder  protected  253  152 

Curfew', time 232  145 

bell  to  be  rung — '.  .233  145 

penalt3’  234  1-+5 

closing  time  of  dances,  etc 148  124 

D 

Dogs,  registered  and  taxed — 172  130 

collars  and  numbers  173  131 

female  in  heat.  174  131 

not  permitted  in  churches 175  131 

dangerous,  not  at  large  ..  ..176  131 

penalty  for  killing 177  131 

Driving,  reckiess 212  139 

Drains,  unclean 222  142 

Dancing  halls  closing 148  124 

E 

Elections,  municipal,  when 13  86 

officers  to  be  elected ..13  86 

how  held  14  86 

F 

Fences,  barb  wire  forbidden 61  9o 

Fow'ls,  must  not  trespass  200  136 


INDEX. 


XV 


Sec.  Pg-. 

Food,  unwholesome  199  136 

Females,  insulting- 218  141 

Fees  and  salaries  225  146 

justices 237  147 

marshal  and  police 239  148 

poundkeeper 240  149 

sexton  241  150 

snrve3^or 242  150 

jurors 245  151 

witnesses 246  151 

inspector  243  150 

sealer 244  150 

G 

Gates  to  swing  inward 60  96 

Gambling  houses  forbidden 2)1  136 

Gambling  forbidden 202  137 

H 

Hitching  posts  defined 59  96 

Health,  board  of,  eetablishment 114  111 

duties  and  powers  115  112 

dut3'  of  health  officer 116  112 

dut_v  of  clerk 117  113 

penalt.v  for  violating  rules  of 118  113 

rules  for  recording  births 119  113 

burials 114 

quarantine  114 

I 

Irrigation,  period  of 92  106 

apportionment  of  water 88  105 

Id,  appeal  from 99  I07b 

transferring  water 94  107 

gates,  etc 95  107 

J 

Justice  of  the  peace,  duties  of 33-34  90 

report  so  council  33  90 

L 

License,  implied  power  to 6 85 

must  be  obtained 128  118 

application,  etc 129  118 

assignment 130  H8 

time  in 131  ng 

free  when  12i  ng 

penalti"  for  violation  I33  119 

auctioneer’s  I34  119 

banker’s,  broker’s I35  119 

merchant’s  136  119 

hotels ' 137  120 

restaurants  138  120 

livery  stables  I39  120 

butchers  140  120 

slaughter  houses 141-5  121 

peddlers  and  hawkers 146  122 


Sec.  Pg. 


Licenses, pa3'able  in  advance 147  123 

miscellaneous  148  123 

liquor  license  149  124 

classes 150  125 

amount 151  125 

selling  without 155  126 

judgment  for 156  126 

billiard  tables,  etc 168  129 

Liquor,  intoxicating,  not  to  be  sold  to 

females 152  125 

insane  or  idiotic 153  125 

on  Sunday  154  126 

no  gambling,  dancing,  etc.  on 

premises 154  126 

selling  on  election  day 157  127 

selling  on  doctor’s  prescription  158  127 

proclamation  forbidding  sale  of  159  127 

penalt3'  for  violating 160  128 

minors  must  not  be  in  saloon 161  128 


M 


Mayor,  duties  of 19  88 

“ 24  89 

may  offer  rewards 20  88 

ma3'  remit  fines 21  88 

grant  pardons 21  38 

report  to  council  22  88 

appointments  b3' 23  88 

Misdemeanors,  (eee  crimes) 

Marshal,  powers  and  duties  of 35  to  42  91 

keep  register 36-38  91 

receipt  for  property 37  91 

to  be  jailor  39  91 

Minors,  not  to  be  in  saloon 161  128 

tobacco  not  to  be  sold  to 165  129 

not  to  use  narcotics I66  129 

exceptions i67  129 

restrictions  or.  170  130 


N 


Nuisances,  slaughter  house,  etc 221  142 

number  of  stock  to  be  kept  in 

city 220  142 

unclean  drains, etc 222  142 

vegetable  waste 223  143 

barns,  pig  sty.  etc 224  143 

dead  animals 225  184 

unsound  food,  etc 226  144 

miscellaneous 227  144 

police  to  report 228  144 

health  officer  to  abate 229  144 

penalt3"  for  violation 230  144 

notice  to  abate 231  145 


XVI 


INDEX 


Sec.  Pg^. 


O 

Ordinances,  revised 1 84 

existing  repealed 1 84 

accrued  rights  not  affected 2 84 

meaning  of  words  in 3 85 

penalty  for  violating  general 4 85 

who  liable  to  penalty  under 5 85 

when  goes  into  effect 8 85 

constitution  and  laws  same  effect  9 85 

revised  take  effect  when..,. 12  86 

Officers,  elective 13  s7 

oath  and  bond  of  15  87 

appointive 23  88 

monthly  accounting  of... 10  85 

annual  reports  of 11  85 

personating 207  138 

refusing  to  perform  duty 217  141 

Obstruction  of  streets 47  93 

action  for  removal SO  94 

removal  without  action 51  94 

penalty  for  maintaining 55  95 

P 

Police  (see  marshal)  regulation  for 40  92 

oath  and  duties  of 41  92 

report  nuisances 228  144 

Prison  regulations 40  92 

Pound,  established ",0  98 

Poundkeeper.  duties  of 71-4  99 

record  and  report 78  102 

Quarantine  rules 114 

R 

Recorder,  may  appoint  deputy  . : ......  26  89 

may  administer  oath 27  89 

report  to  council 28  89 

duties  of 29  90 

Revenue  and  taxation 120  115 

Reports,  annual  of  all  officers 11  86 

Railroad  franchise,  R.  G.  Western 153-5 

Sanpete  Valley 155-6 

Resolutions  etc,  perpetuated 255  157 

S 

Saiaries 235  146 

when  paid  236  146 

Seal,  corporate 254  153 

Streets,  meaning  of 7 85 

names,  etc 43  92 

encroachments  of 47  93 

notice  to  remove 48  93 

penalty  for  obstructing 49  03 

action  for  removal  50  94 

Id.  without  action 41  04 

Id.  cost  of,eic 52  04 


See.  P^. 

Streets,  excavation  of 53  94 

liabilit3"  in  occupjing 54  95 

penalt3"  for  damage  to 55  95 

obstructions  defined .......  56  95 

games  on  forbidden 58  96 

Sidewalks,  shade  teees  along  45  93 

penalt3’  for  failure  to  repair 46  93 

penalty  for  driving  on 57  96 

Supervisor  of  streets,  duties  of 64-65  97 

work  prisoners  66  98 

appoint  assistants ..  67  98 

report  quarterl3* 68  98 

care  of  tools,  etc r....  69  98 

collect  snd  expend  poll  tax 121*127  115 

Surve3"or,  duties  of 101,  102  108 

Sexton,  duties  01 79  to  84  102 

registrar  of  deaths 70  102 

report  of 80  103 

deput3’ 81  103 

to  sell  cemeter3"  lots  82  103 

Sealer  of  weights  and  measures 

duties  of 110*113  111 

Slaughter  houses 141  120 

142-145  121 

“ “ 221  142 

Saloons,  minors  not  admitted 161  128 

opening  and  closing 162  128 

how  arranged 163  128 

Sunda3’  closing  148  124 

T 

Treasurer,  duties  of  30  90 

“ 32  90 

deput3' 31  90 

report  to  council 30  90 

Teams,  must  be  secured 62  97 

Trespass 215  140 

Taxation,  assessment  and  collection...  120  115 

poll  tax 121*127  115 

W 

Water  record 88  105 

public  ditches  defined 89  105 

Watermaster,  duties  of 90-1  105 

to  aoportion  wafer 88  105 

Water,  apportionment  for  irrigation...  88  105 

damage  by 96  107a 

unlawful  interfering  with  98  107b 

penalty  for 100  197b 

ditches  for  mills,  etc.. 97  107a 

Weights,  to  be  tested  112  HI 

false  Ill  111 

Warrants  and  claims 247  151 

registration,  payment 250  152 

certification 251  152 


ERRATA 


Pag-e  27.  Sub.  88,  line  12,  strike  out  “not”  after  “sum.” 
Pag-e  37,  Sec.  247,  line  1,  add  “force”  after  “police.” 
Pag-e  46,  Sec.  266,  line  13,  “provided”  should  read  re- 
quired.” 

Page  48,  Sec.  269,  line  7,  “thereof”  should  be  “therefor.” 
Page  52,  Sec.  279,  between  lines  22  and  23,  insert  “dis- 
trict, or  according  to  such  other  rule  as  the  council  may 
adopt  for  such  distribution  or  adjustment  of  such  costs  upon 
the  lots  or  real  estate  of  such” 

Page  54,  Sec  287,  line  8,  “property”  should  be  “territory.” 
Page  69,  Sec.  1369,  alter  line  16,  insert  “be  levied 
and  collected  as  other  general  taxes  of  said  city  or  town, 
and  shall  be  known  as  the  ‘library  fund,’  pj'ovidcd,  that 
such  tax  shall” 

Page  112,  Sec.  115,  in  line  14  in  lieu  of  “be  the”  read 
“provide  a” 

Page  123,  Sec.  148,  in  line  23  in  lieu  of  “$5.00”  read 
“$2.50,”  and  omit  the  word  “dancing.” 


md 


